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09-05-24 PB Agenda Packet
NEW HANOVER COUNTY PLANNING BOARD AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC 28401 Members of the Board Jeffrey P Petroff, Chair |Donna Girardot, Vice-Chair Paul Boney|Hansen Ma'hews |Jeffrey Stokley Jr. | H. Allen Pope |Colin J. Tarrant Rebekah Roth, Director| Ken Vafier, Planning Manager SEPTEMBER 5, 2024 6:00 PM Call to Order Pledge of Allegiance Approval of Minutes REGULAR ITEMS OF BUSINESS The Planning Board may consider substanal changes in these peons as a result of objecons, debate, and discussion at the meeng, including rezoning to other classificaons. 1 Public Hearing Rezoning Request (Z24-17) Request by BDLCT, LLC, applicant and property owner, to rezone approximately 27.55 acres located at 3500 Block of Castle Hayne Road from the R-20, Residen>al District and removing the Special Highway Overlay District (SHOD) to the PD, Planned Development District for a mixed residen>al and commercial development. 2 Public Hearing Rezoning Request (Z24-18) - Request by Seth Hun? with Source Contrac>ng, LLC, applicant, on behalf of Storehouse Holdings, LLC, property owners, to rezone approximately 0.47 acres located at 1132 S. Seabreeze Road from the (CZD) R-7, Condi>onal Residen>al Moderate Density District to (CZD) B-2, Regional Business for the use of Contractor Office and Offices for Private Business and Professional Ac>vi>es. 3 Public Hearing Rezoning Request (Z24-19) - Request by Cindee Wolf with Design Solu>ons, applicant, on behalf of Harry Wilson with H N I nvestments, LLC to rezone approximately 5.17 acres located at 308 Hermitage Road from the (CZD) CS, Condi>onal Commercial Services District to a new (CZD) CS District for the use of Wholesale Nursery and a limited list of prohibited uses. Planning Board - September 5, 2024 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 9/5/2024 Regular DEPARTMENT: Planning PRESENTER(S): Amy Doss, Development Review Planner CONTACT(S): Amy Doss, Development Review Planner; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z24-17) Request by BDLCT, LLC, applicant and property owner, to rezone approximately 27.55 acres located at 3500 Block of Castle Hayne Road from the R-20, ResidenAal District and removing the Special Highway Overlay District (SHOD) to the PD, Planned Development District for a mixed residenAal and commercial development. BRIEF SUMMARY: The applicant is reques$ng to rezone approximately 27.55 acres from a R-20, Residen$al District to a PD, Planned Development District, to build a community including retail and residen$al dwelling units. The applicant's proposed concept plan consists of three dis$nct areas with mul$ple access points. One area of development is designated for a grocery/retail area, another for residen$al, and another for retail. The concept plan includes a through street with direct and controlled access from the I-140 ramps through the site and connec$ng to Chair Road. Another access point from Emerson Drive will provide access to the cemetery just north and adjacent to the site. The R-20 district in this area was established in 1974 to ensure housing served by private sep$c and wells would be developed at low densi$es. Since that $me, public water and sewer services have become available to the surrounding area. The PD district was established to encourage innova$ve, integrated, and efficient land planning and site design concepts that achieve a high quality of development, environmental sensi$vity, and adequate public facili$es and services. The PD district can also provide more flexibility from conven$onal development standards, such as parking and street design, in order to help create a more mixed-use, pedestrian-oriented development. It is es$mated the site would generate approximately 36 AM and 49 PM peak hour trips if developed under current zoning. The proposed PD development is es$mated to generate 420 AM and 796 PM peak hour trips, increasing the number of peak hour trips by approximately 384 AM and 747 PM. <include link here> The proposed project is located along a minor arterial road that is under capacity with plans to widen the road star$ng in 2029. The site also has direct access from I-140. The applicant has had a TIA approved by the NCDOT and WMPO requiring several roadway improvements, including a new traffic signal at Castle Hayne Rd and Chair Rd, a modifica$on to exis$ng controlled access at Castle Hayne Rd and I-140 Eastbound ramps, extension of the westbound turn lane at Castle Hayne Rd and Westbound I-140, addi$onal turn lanes and stop access at Chair Rd and Site Access 1 and Site Access 2. As proposed on the concept plan, the development will provide an access easement between Emerson Drive and the cemetery located to the north of the site. No through traffic will be permiDed from Emerson Drive through the access easement. The full TIA is available for review online. Planning Board - September 5, 2024 ITEM: 1 Students living in the proposed development would be assigned to Castle Hayne Elementary School, Holly Shelter Middle School, and Laney High School. Based on a generalized historic genera$on rate, staff would es$mate the increase in homes would result in approximately 13 addi$onal students than generated under current zoning. The 2016 Comprehensive Plan designates this property as Community Mixed-Use and General Residen$al place types. The Community Mixed-Use place type focuses on small-scale, compact, mixed use development paDerns that serve all modes of travel and act as an aDractor for county residents and visitors. The General Residen$al place type focuses on small-scale, lower density housing, associated civic and limited commercial services development that enhances neighborhood character. Types of appropriate uses include single-family residen$al, low-density mul$-family residen$al, light commercial, civic, and recrea$onal projects. The proposed PD rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use and General Residen$al place types, however more informa$on is needed to determine whether all elements are consistent with the plan. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff’s recommenda$on is based on the policy guidance of the 2016 Comprehensive Plan, zoning considera$ons, and technical review. The scale and density of the proposed development compliments surrounding development paDerns, however more details are needed for clarifica$on related to the loca$on of mixed-use and residen$al components of the project. Staff recommends the item be conAnued to the October 3rd, 2024 Planning Board mee$ng in order for addi$onal details regarding the loca$on of mixed use and residen$al components of the project to be finalized. AlternaAve MoAon for APPROVAL (if based on informa$on presented at the public hearing or other considera$on beyond the scope of staff review, the board finds approval appropriate.) I move to recommend APPROVAL of the proposed PD rezoning with the aDached Terms and Condi$ons document. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use and General Residen$al place types, and the project will create a new commercial node in close proximity to nearby residents. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the project provides addi$onal housing diversity to the area and increases vehicular and pedestrian circula$on. AlternaAve MoAon for DENIAL (if based on informa$on presented at the public hearing or other considera$on beyond the scope of staff review, the board finds denial appropriate.) I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type, the residen$al densi$es are in line with those recommended within the General Residen$al place type, and the project will create a new commercial node in close proximity to nearby residents, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposed development will detract from the character of the surrounding community. ATTACHMENTS: Planning Board - September 5, 2024 ITEM: 1 Descrip$on Z24-17 PB Script Z24-17 PB Staff Report Z24-17 Zoning Map Z24-17 Future Land Use Map Z24-17 Mailout Map Z24-19 Application Cover Sheet Z24-17 Application Z24-17 Supplementary Applicant Materials Coversheet Z24-17 Terms and Conditions Z24-17 Concept Plan Cover Sheet Z24-17 Concept Plan Z24-17 TIA Cover Sheet Z24-17 TIA Executive Summary Z24-17 TIA Approval Letter Z24-17 List of Permitted Uses Z24-17 Public Comments Cover Sheet Z24-17 Public Comments COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - September 5, 2024 ITEM: 1 PLANNING BOARD SCRIPT for Zoning Map Amendment Application (Z24-17) Request by BDLCT, LLC, applicant and property owner, to rezone approximately 27.55 acres located at 3500 Block of Castle Hayne Road from the R-20, Residential District and removing the Special Highway Overlay District (SHOD) to the PD, Planned Development District for a mixed residential and commercial development. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’s and supporters’ presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s and supporters’ rebuttal (up to 5 minutes) e. Opponent’s rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with a motion and vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition, request a continuance, or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Alternative Motion for Approval I move to recommend APPROVAL of the proposed PD rezoning with the attached Terms and Conditions document. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use and General Residential place types, and the project will create a new commercial node in close proximity to nearby residents. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the project provides additional housing diversity to the area and increases vehicular and pedestrian circulation. Planning Board - September 5, 2024 ITEM: 1 - 1 - 1 Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type, the residential densities are in line with those recommended within the General Residential place type, and the project will create a new commercial node in close proximity to nearby residents, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposed development will detract from the character of the surrounding community. Alternative Motion for Approval/Denial: I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a (CZD) B-2 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ I also find RECOMMENDING [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ Planning Board - September 5, 2024 ITEM: 1 - 1 - 2 Z24-17 Staff Report PB 9.5.2024 Page 1 of 24 STAFF REPORT FOR Z24-17 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z24-17 Request: Rezoning to a PD district Applicant: Property Owner(s): BDLCT, LLC BDLCT, LLC Location: Acreage: The area of I-140, Castle Hayne Road, Chair Road, and Emerson Drive 27.55 PID(s): Comp Plan Place Type: R02511-001-010-000, R02511-001-009-000, R02511-001-008-000, R02511-001-007-000, R02511-001-006-000, R02511-001-006-001, R02511-001-003-000, R02511-001-012-000, R02511-001-011-000, R02511-001-006-002, R02511-001-002-000, R02511-001-002-001, R02500-001-044-000 Community Mixed Use and General Residential Existing Land Use: Proposed Land Use: Residential, Undeveloped PD - Maximum 115 Multi-Family Dwelling Units - Grocery Store - Restaurant - Convenience Store with Fuel Pumps - Mixed Commercial Development Current Zoning: Proposed Zoning: R-20, Residential PD, Planned Development Planning Board - September 5, 2024 ITEM: 1 - 2 - 1 Z24-17 Staff Report PB 9.5.2024 Page 2 of 24 SURROUNDING AREA LAND USE ZONING North Interstate I-140 and the GE Campus I-2 Industrial East Residential, Commercial Services R-20, CZD B-2 South Residential, Rockhill Community Center, and Saint James AME Church R-20 West Residential R-20 and PD ZONING HISTORY July 1, 1974 Initially zoned R-20 (Area 10A) COMMUNITY SERVICES Water/Sewer Public water and sewer services are available from CFPUA through a mainline extension from Castle Hayne Road. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Wrightsboro Station Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High Schools Recreation Cape Fear Optimist Park and Northern Regional Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources. Historic No known historic resources. Archaeological Existing Grady/Moore family cemetery adjacent to the site. Planning Board - September 5, 2024 ITEM: 1 - 2 - 2 Z24-17 Staff Report PB 9.5.2024 Page 3 of 24 APPLICANT’S PROPOSED MASTER PLAN Overview · The Planned Development (PD) district is a type of conditional zoning district that includes a site-specific design (master plan), and mutually agreed upon conditions can be attached. Master plans for PD districts are intended to be in a “bubble” format that illustrate the general location and intensity of the land uses within the development. Planned developments must be constructed in accordance with the standards established in the approved master plan and must comply with all other applicable development regulations (stormwater, landscaping, roadways, parking, etc.). Compliance with the master plan and other applicable regulations is verified during the review of a site-specific development proposal located within the planned development. · The PD district was established to encourage innovative, integrated, and efficient land planning and site design concepts that achieve a high quality of development, environmental sensitivity, and adequate public facilities and services. The PD district can also provide more flexibility from conventional development standards, such as parking and street design, in order to help create a more mixed-use, pedestrian-oriented development. UDO Section 3.3.7 – Planned Development (PD) District Planning Board - September 5, 2024 ITEM: 1 - 2 - 3 Z24-17 Staff Report PB 9.5.2024 Page 4 of 24 · Planned Developments are often used for larger, multi-phase projects or integrated projects with longer anticipated build-outs. This approach is intended to balance providing flexibility so a project can adapt to changes in market conditions while providing a clear expectation of future development for stakeholders and adjacent property owners. Applicant’s Concept Plan - Includes Staff Markups · The proposed PD district would allow for the development of a mixed-use project with a total of three master-planned areas: grocery and commercial uses abutting Interstate 140, retail along Castle Hayne, and mixed use residential in the corner along Chair Road and abutting existing residential uses. The proposed project includes two stoplights and would provide direct access from the I-140 Castle Hayne Road exit and additional interconnectivity in the area. · On the north side, the area identified as Commercial, Grocery, Retail abutting I-140 includes approximately 10.23 acres. · In the southwest corner, the area identified as Residential Multi-Family includes 8.24 acres to be used for multi-family residential and mixed-use commercial development. Although not labeled on the concept plan, the Terms and Conditions indicate the Residential/Multi- Family portion of the project would also allow a mixture of commercial and residential uses. I-140 Residential Multi-Family Commercial, Grocery, Retail Retail Cemetery Cemetery Access Planning Board - September 5, 2024 ITEM: 1 - 2 - 4 Z24-17 Staff Report PB 9.5.2024 Page 5 of 24 Staff would prefer to see additional clarity between the Terms and Conditions and the concept plan regarding the mixed-use component. · The corner of Chair Road and Castle Hayne Road identified as Retail includes 7.75 acres. · The proposal contains a maximum of 115 residential units within the 8.24 acre area identified as Residential, or 13.95 du/ac. The entirety of the site is 27.55 which equates to an overall density of 4.2 du/ac. The maximum residential density for multifamily and mixed use development is 17 dwelling units per acre. · The proposed new internal road provides interconnectivity to the area and divides the retail master-planned area from the residential and higher intensity commercial master planned The road will be lined with sidewalks, promoting walkability. · An adjacent cemetery to the northwest of the property will be provided new access directly from Emerson drive. · The maximum height for all structures is 50’. · The applicant’s proposed Terms & Conditions document states that areas designated for Residential Use on the proposed master plan may allow any residential land use permitted within the PD district except for the following: · Mobile Home · Mobile Home, Doublewide; · Mobile Home Park; · Mobile Home Subdivision · The applicant’s proposed Terms & Conditions document states that areas designated for Mixed-Use and Commercial on the proposed master plan may allow any commercial use permitted within the PD district except for the following: · Animal Shelter; · Heliport; · Mobile Home and Prefab Sales; · Vehicle Sales; · Vehicle Towing Service and Storage Yard; · The applicant’s proposed Terms & Conditions document states that the uses allowed shall include all the remaining uses permitted in the PD district except the following uses will be prohibited: · All Agricultural uses; · The Civic and Institutional use of Animal Shelter; · All Industrial uses; · All Manufacturing uses; · All Transportation uses Compensating Community Benefits · In accordance with the standards of the Unified Development Ordinance (UDO), a Planned Development (PD) District must identify the compensating community benefit of the proposed project that helps achieve the stated goals of the district (noted on page 3). These benefits can include, but are not limited to improved design, natural preservation, improved connectivity, mixed-use development, green building practices, and the dedication of land Planning Board - September 5, 2024 ITEM: 1 - 2 - 5 Z24-17 Staff Report PB 9.5.2024 Page 6 of 24 for public purposes. The applicant states the proposal would provide the below community benefits (quoted text taken directly from the application): 1. Highest and Best Use: “Most of the parcels are currently vacant and the site area is underutilized. This is particularly true because the site is located at the confluence higher intensity Comprehensive Plan place types and an interstate interchange. The proposed PD rezoning would allow for a wider range of neighborhood-scale goods and services to be brought to an area that is commercially underserved. Developing the site under the current R-20 zoning district would not have the same community benefit to nearby residents or persons employed in the vicinity. It is anticipated that the proposed PD development will help promote additional business growth, create jobs and increase the availability of commercial goods and services in the area generally.” 2. Better Design: “A cohesive and comprehensively designed mixed-use project will not only be a more efficient use of land as promoted in the County’s Comprehensive Plan, it will also be a more architecturally and aesthetically pleasing development than a disconnected parcel-by-parcel development of this same property. The PD rezoning will allow for more thoughtful, well planned and compatible landscaping and street plans, as well as the opportunity for shared parking without multiple driveway cuts on adjacent roadways. Installation of utilities can also be achieved in a more efficient and planned manner with the PD District development.” 3. Traffic Improvements: “One of the greatest community benefits of this PD rezoning request is the proposed roadway and traffic improvements that the Developer will install as part of the development of the site. A new traffic signal and improvements to Chair Road will be significant benefits to the residents of Chair Road and the surrounding area. The proposed roadway improvements, which will include dual access points to the site, will be a significant community enhancement and will protect and enhance the ingress/egress to and from St. James AME Church.” 4. Infrastructure: “A company affiliated with the Developer has already installed a water main along Chair Road for a previous project, thereby creating a looped water system for the residents of Chair Road and Rockhill Road. This investment has served as a community benefit. The current project may also require a sewage lift station for the PD development. As previously mentioned, the Developer is willing to explore opportunities to work with the County and CFPUA to design the lift station as a regional lift station, which would allow the infrastructure to be used beyond the scope of the PD development. This would provide opportunities for the County and/or CFPUA to expand the availability of sewer to both existing and future properties in the community.” 5. Housing: “The project will include more residential units than the existing R-20 zoning currently allows. These additional units, particularly in close proximity to major employers and the interstate interchange, will increase the availability of housing at a time when the County’s population and the housing deficit continue to grow. Large tracts of very low-density housing will not solve the housing shortage, but higher density housing, and particularly in mixed-use developments near major roadways and employment opportunities, will help address the County’s housing shortage. The mixed- use nature of the proposed project will provide commercial goods and services to both future residents of the PD development and existing residents in the Chair Road corridor area, thereby reducing the need to access Castle Hayne Road.” Planning Board - September 5, 2024 ITEM: 1 - 2 - 6 Z24-17 Staff Report PB 9.5.2024 Page 7 of 24 Terms and Conditions · In accordance with the standards of the Unified Development Ordinance (UDO), a Planned Development (PD) District includes a Terms and Conditions document that details any conditions of approval or proposed modifications to development standards. The following notable proposed conditions of the proposal are listed below. The full Terms and Conditions document is included in the application and will be incorporated with the master plan if the rezoning is approved. 1. The use, density of use, and maximum building heights for the areas depicted in detail as on the development plans represent the proposed Planned Development (PD) Zoning district. The detail of the proposed zoning district requirements is represented on the Master Planned Development (MPD) master plan, but this terms and conditions document generally refers to the broad category of use as Commercial, Retail, Restaurant, Office, Mixed-Use, Multi-Family, and/or townhomes. The uses, and other regulations and conditions approved with this terms and conditions document and the MPD may be amended or modified in accordance with County requirements as necessary. 2. Development within the PD District will comply with the use types; buffer requirements, setback requirements, maximum impervious area, maximum height and density as shown on the MPD Master Plan and noted below. i. Maximum height for all structures is limited to 50’. ii. Maximum height in Residential area adjacent to 3 vacant lots along Emerson Drive is 40’ at the 20’ setback. Setback must be 30’ to achieve 50’ height as specified in the updated Terms and Conditions. iii. Proposed buffer yard abutting R-20, Residential are 20 feet. iv. Multi-Family and Mixed-Use setbacks are 20 feet. Setbacks along the western portion of the site abutting R-20, Residential are 30 feet if 50 foot height is desired. v. Commercial/Grocery/Retail Setbacks are: 1) Front Yard = 20 feet 2) Rear Yard = 20 feet 3) Side Yard = 20 feet 4) US/NC Highway Setbacks = 50 feet 3. Developer will install all applicable offsite traffic improvements required by the TIA in conjunction with development of the site (a diagram of which is attached hereto as Exhibit “A”), subject to any modifications required by the NCDOT and/or WMPO. 4. At Developer’s own expense, Developer will provide a new access easement across Developer’s property from Emerson Drive to the Grady/Moore Family Cemetery for use by members of the Grady/Moore Family. The Developer, however, shall not be responsible for maintenance of the Cemetery property. The aforementioned access easement is planned to be utilized only for cemetery access, underground utility access and emergency vehicle ingress/egress. 5. Developer must provide water and sewer utilities to the site prior to development. 6. Conditions related to the approval of the MPD Master Plan, including any conditions related to the form and design of development shown in the MPD Master Plan; Planning Board - September 5, 2024 ITEM: 1 - 2 - 7 Z24-17 Staff Report PB 9.5.2024 Page 8 of 24 i. A minimum 20% landscape buffer as indicated on the MPD Master Plan. Existing vegetation and trees are to remain. Areas may be supplemented with plantings. ii. A 5’ sidewalk will be installed on either side of the interior road connecting Chair Road to Castle Hayne Road as shown on the MPD Master Plan. iii. All required traffic improvements (see attached Exhibit “A”) will be phased along with development. ZONING CONSIDERATIONS · The R-20 district in this area was established in 1974. At the time, the purpose of the R-20 district was to ensure housing served by private septic and wells would be developed at low densities. Since that time, public water and sewer services have become available to the surrounding area. · Since that time, the surrounding area has seen gradual shifts toward higher density residential uses, industrial uses, and commercial uses along the Castle Hayne Road corridor. · In 2017, another parcel further west down Chair Road was rezoned to a PD district. · Under the County’s performance standards, the subject properties would be permitted a maximum of 52 dwelling units at an overall density of 1.9 du/ac. The proposed 115 dwelling units equates to an overall density of 4.2 du/ac. The residential component of the project is designated for an 8.24 acre portion of the 27.55 acre site. The density based solely on this portion would be 13.95 du/ac. · The proposed master plan provides flexibility in the uses permitted in the planning areas, but a mixture of uses that includes non-residential components would be expected in these areas due to the anticipated costs of infrastructure required to be put in place to support the development including transportation and utility extensions. · The site is located in the Special Highway Overlay District (SHOD), which prescribes a minimum 100’ setback for buildings. This may be reduced by 25% if the development provides additional plantings along the right-of-way. The SHOD also prescribes maximum square footage and height of signs. The concept plan proposes removing the SHOD, or Special Highway Overlay District, on the northern portion of the site along I-140. · Existing vegetation and trees will remain within the minimum 20’ landscape buffer as indicated on the MPD Master Plan. · Transitional buffers are required for the western portion of the site where multi-family is proposed adjacent to existing single-family, the developer is proposing the 20’ buffer be left in its natural vegetative state and architectural step backs are proposed that will limit the height to 40’ with a 20’ setback, or 50’ with a 30’ setback. · The UDO contains controls on exterior lighting on the site. The maximum illumination levels at the common property line with the residential properties to the west shall not exceed 0.5- foot candles and 1.0-foot candles at the northern property line adjacent to the religious institution. · If approved, the project would be subject to Technical Review Committee (TRC) and zoning compliance review processes to ensure full compliance with all ordinance requirements and Planning Board - September 5, 2024 ITEM: 1 - 2 - 8 Z24-17 Staff Report PB 9.5.2024 Page 9 of 24 specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. AREA DEVELOPMENTS Planning Board - September 5, 2024 ITEM: 1 - 2 - 9 Z24-17 Staff Report PB 9.5.2024 Page 10 of 24 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 52 single-family dwelling units. PROPOSED ACCESS Primary Access Castle Hayne Road Secondary Access Chair Road EXISTING ROADWAY CHARACTERISTICS Planning Board - September 5, 2024 ITEM: 1 - 2 - 10 Z24-17 Staff Report PB 9.5.2024 Page 11 of 24 Affected Roadway Castle Hayne Road Chair Road Type of Roadway NCDOT minor arterial NCDOT local Roadway Planning Capacity (AADT) 16,804 15,936 Latest Traffic Volume (AADT) 14,500 Not available Latest WMPO Point-in-Time County (DT) Not available near subject parcel Not available near subject parcel Current Level of Congestion Capacity exists Capacity exists NEARBY NCDOT STIP ROADAWAY PROJECTS U-5863 – Castle Hayne Road Improvements (post-2029 Completion) - Widen castle Hayne Road into multi-lanes from I-140 to Division Drive. Right-of-Way acquisition and utilities is currently scheduled to take place in FY 2025, with construction beginning after 2029. - The roadway project is currently proposed as a divided facility with a median, but this has not been finalized. TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed Designation Potential Impact of Proposed Designation AM Peak Hour Trips 36 420 +384 PM Peak Hour Trips 49 796 +747 TRAFFIC IMPACT ANALYSIS (TIA) New developments that are anticipated to generate more than 100 trips during any peak hour period are required to submit a traffic impact analysis (TIA) as part of their rezoning application. A team of NCDOT, WMPO, and County planning staff work with an applicant’s traffic engineers to develop the scope for the TIA, including the study area, the traffic data which must be collected, trip distribution, and the developments and background traffic growth that must be analyzed. This document is used to identify off-site transportation improvements required to mitigate the impacts of the development and must be approved by the WMPO and NCDOT. Approval Date May 2, 2024 Development Proposal Analyzed 115 multi-family units, 85,000 SF shopping plaza with supermarket, 6,000 SF sit-down restaurant, 3,500 SF convenience store with 16 gas pumps. Planning Board - September 5, 2024 ITEM: 1 - 2 - 11 Z24-17 Staff Report PB 9.5.2024 Page 12 of 24 Study Intersections - Castle Hayne Road at Chair Road - Castle Hayne Road at I-140 EB ramps + site access #3 - Castle Hayne Road at I-140 WB ramps - Chair Road at site access #1 - Chair Road at site access #2 Trip Generation - 420 AM peak hour trips - 796 PM peak hour trips - 8,743 average daily trips Traffic Data Collection April 25, 2023 - Castle Hayne Road at Chair Road - Castle Hayne Road at I-140 EB Ramps - Castle Hayne Road at I-140 WB Ramps Trip Distribution and Assignment - 45% to/from the south on Castle Hayne Road - 20% to/from the west on I-140 - 10% to/from the east on I-140 - 15% to/from the north on Castle Hayne Road Approved Developments & Background Growth - River Bluffs Residential Development (343 dwelling units) - Planned Roadway/Intersection Improvements: o N Kerr at Castle Hayne Road - extend WB lane o Chair Road at Castle Hayne Road – install traffic signal, construct SB right turn lane on Castle Hayne Road o Castle Hayne Road at I-140 EB Ramps – provide signal coordination o Castle Hayne Road at I-140 WB Ramps – provide signal coordination - Full Build – 2024 - Growth Rate – 1% per year Planning Board - September 5, 2024 ITEM: 1 - 2 - 12 Z24-17 Staff Report PB 9.5.2024 Page 13 of 24 - Chair Road School Development - No TIA Required Improvements Castle Hayne Road and Chair Road - Install a traffic signal and provide necessary communication equipment for coordination. - Extend the existing eastbound left turn lane on Chair Road to provide 250 feet of storage, appropriate full width deceleration and taper. - Construct a second eastbound left turn lane on Chair Road with 250 feet of storage, appropriate full width deceleration and taper. - Construct a southbound right turn lane on Castle Hayne Road with 100 feet of storage, appropriate full width deceleration and taper. - Restripe the exiting southbound two-way center left turn lane (TWLTL) on Castle Hayne Road to provide southbound U-turn Lane with 150 feet of storage. TIA approval with conditions of Moore’s Crossing Traffic Impact Analysis (New Hanover County) - Provide widening on east side of Castle Hayne Road to accommodate southbound U-turns (use SU-30 as design vehicle for U-turn maneuver). Castle Hayne Road and I-140 Eastbound Ramps/Site Access 3 Note: the following elements require modification to the Control of Access conditions. - Construct a westbound left-thru lane on I-140 Eastbound Ramp with 200 feet of storage, appropriate full width deceleration and taper. - Construct a westbound right turn lane on I-140 Eastbound Ramp with 150 feet of storage, appropriate full width deceleration and taper. - Construct site access (eastbound approach) with one ingress lane and one egress lane. The egress should be configured with an internal protected stem of 100 feet, measured from the right-of-way line. - Construct the exiting maneuver as a channelized right-out only with stop controls. - Restripe the gore area on the northbound approach to provide a dedicated northbound left turn lane on Castle Hayne Road with 200 feet of storage. Planning Board - September 5, 2024 ITEM: 1 - 2 - 13 Z24-17 Staff Report PB 9.5.2024 Page 14 of 24 - Construct a southbound right turn lane on Castle Hayne Road with 100 feet of storage, appropriate full width deceleration and taper. - Modify signal plan to provide overlap phasing for westbound right turn and serve the above listed improvements. Castle Hayne Road and I-140 Westbound Ramps - Extend the existing westbound left turn lane on I-140 Westbound Ramp to provide 350 feet of storage, appropriate full width deceleration and taper. Chair Road and Site Access 1 - Construct an eastbound left turn lane on Chair Road with 100 feet of storage, appropriate full width deceleration and taper. - Construct a westbound right turn lane on Chair Road with 100 feet of storage, appropriate full width deceleration and taper. - Construct site access (southbound approach) with an internal protected stem of 100 feet, measured from the right-of-way line and configured with one ingress lane and one egress lane. - Provide stop controls on the southbound approach. Chair Road and Site Access 2 - Construct a westbound right turn lane on Chair Road with 100 feet of storage, appropriate full width deceleration and taper. - Construct site access (southbound approach) with an internal protected stem of 150 feet, measured from the right-of-way line and configured with one ingress lane and one egress lane. - Provide stop controls for the southbound approach. SUMMARY The proposed project is located along a minor arterial road that is under capacity with plans to widen the road starting in 2029. The site also has direct access from I-140. The applicant has had a TIA approved by the NCDOT and WMPO requiring several roadway improvements, including a new traffic signal at Castle Hayne Rd and Chair Rd, a modification to existing controlled access at Castle Hayne Rd and I-140 Eastbound ramps, extension of the westbound turn lane at Castle Hayne Rd and Westbound I-140, additional turn lanes and stop access at Chair Rd and Site Access 1 and Site Access 2. As proposed on the concept plan, the development will provide an access easement between Emerson Drive and the cemetery located to the north of the site. No through traffic will be permitted from Emerson Drive through the access easement. Planning Board - September 5, 2024 ITEM: 1 - 2 - 14 Z24-17 Staff Report PB 9.5.2024 Page 15 of 24 ENVIRONMENTAL · This property is not within a Special Flood Hazard Area. · The property is within the Ness watershed. · Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (slight limitation), Class II (moderate limitation), and Class III (severe limitation) soils. As proposed, the project will connect to CFPUA sewer. · Wetlands present on the site have been determined by the Army Corps of Engineers to be non-jurisdictional. OTHER CONSIDERATIONS Schools · Students living in the proposed development would be assigned to Castle Hayne Elementary School, Holly Shelter Middle School, and Laney High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. · A maximum of 52 dwelling units would be permitted under the current R-20 zoning base density, and 115 units could potentially be developed under the proposed zoning for an increase of 63 dwelling units. · Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 13 additional students than would be generated under current zoning. · The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. · Over the past four years, staff has also seen a decline in the number of students generated by new development. Between the 2020-2021 school year and the 2023-2024 school year, total student population decreased by approximately 300 students, while over 11,000 new residential units were constructed. · The county uses the most current New Hanover County Schools Facilities Needs Study in its analysis and it currently shows the student population is anticipated to only grow by approximately 1,300 students over the next 10 years. However, a more recent New Hanover County School Facility Utilization Study presented to the School Board in September 2023 indicates only approximately 400 more students by the 2032-2033 school year, though numbers are anticipated to be higher during certain school years over the next ten years. This updated study has not been fully reviewed by Planning staff or presented to the Board of Commissioners. That is expected to occur in early 2024. Planning Board - September 5, 2024 ITEM: 1 - 2 - 15 Z24-17 Staff Report PB 9.5.2024 Page 16 of 24 Development Type Intensity Estimated Student Yield (current general student generation rate) * Existing Development Undeveloped Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Typical Development Under Current Zoning 52 residential units Approximate** Total: 11 (5 elementary, 2 middle, 4 high) Proposed Zoning 115 residential units Approximate** Total: 24 (11 elementary, 5 middle, 8 high) *The current general student generation rate was calculated by dividing the New Hanover County public school student enrollment for the 2023-2024 school year by the number of dwelling units in the county. Currently, there are an average of 0.21 public school students (0.10 for elementary, 0.04 for middle, and 0.07 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out- of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech. **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. · Since the residential components associated with the proposed rezoning are likely to have a build-out date within 5 years per the Traffic Impact Analysis, staff has outlined existing school capacity to provide a general idea of the potential impact on public schools. · Staff has provided information on existing school capacity to provide a general idea of the potential impact on public schools, but these numbers do not reflect any future capacity upgrades. School Enrollment* and Capacity** (2023-2024 School Year) *Enrollment is based on the New Hanover County Schools student numbers for the 2023-2024 school year. **Capacity calculations were determined based on the capacities for the 2023-2024 school year, and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools to the Board of Education in January 2021. This information does not take into account flexible scheduling that may be available in high school settings, which can reduce the portion of the student body on campus at any one time. · The 2021 facility needs survey prepared by Schools staff indicates that, based on NC Department of Public Instruction (DPI) student growth projections and school capacity data, planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district wide over the next ten years if facility upgrades are funded. · The more recent New Hanover County Schools School Facility Utilization Study has been prepared and was presented to the School Board in September 2023, and it identifies updated capacity upgrade projects that will be presented to the Board of Commissioners at the planned work session in early 2024. Level Total NHC Capacity School Enrollment of Assigned School Capacity of Assigned School w/Portables Capacity of Assigned School Funded or Planned Capacity Upgrades Elementary 90% Castle Hayne 495 554 89% None Middle 88% Holly Shelter 818 991 83% None High 100% Laney 2251 1927 116.8% None Planning Board - September 5, 2024 ITEM: 1 - 2 - 16 Z24-17 Staff Report PB 9.5.2024 Page 17 of 24 New Hanover County Strategic Plan On July 17, 2023 the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024- 2028. This plan focuses on three core areas: workforce and economic development, community safety and well-being, and sustainable land use and environmental stewardship. Strategic Plan Outcomes Relevant to Proposal Analysis Through planned growth and development, residents have access to their basic needs. The strategic objective to achieve this desired outcome includes the provision connecting residents to their basic needs. The proposed PD rezoning will provide a new grocery store and retail shops with multi-family dwellings in an area of the county that is largely single-family, detached and can aid in achieving the target of increasing the housing supply to a level of one residential unit per every two residents. A business-friendly environment that promotes growth, agility, and collaboration. The planned development aims to prepare for the long-term needs of businesses and to maintain new business growth within 2.5% of the state. The proposed commercial zoning district will enable several new businesses. Planning Board - September 5, 2024 ITEM: 1 - 2 - 17 Z24-17 Staff Report PB 9.5.2024 Page 18 of 24 Representative Developments Representative Developments of R-20: Holland Drive, Wrightsboro Emerson Drive Planning Board - September 5, 2024 ITEM: 1 - 2 - 18 Z24-17 Staff Report PB 9.5.2024 Page 19 of 24 Representative Developments of PD: Mayfaire Short Pump, VA Planning Board - September 5, 2024 ITEM: 1 - 2 - 19 Z24-17 Staff Report PB 9.5.2024 Page 20 of 24 Representative Developments of Multi-Family: Amberleigh Shores River Bluffs Planning Board - September 5, 2024 ITEM: 1 - 2 - 20 Z24-17 Staff Report PB 9.5.2024 Page 21 of 24 Context and Compatibility · The property is located adjacent to the Castle Hayne Road/I-140 interchange. Direct access to the I-140 interchange would provide easy access to the grocery and other retailers located in the proposed PD along with access for those residents living in the PD and commuting elsewhere. · The Castle Hayne Road corridor is seeing an increase in commercial development. Most recent was a rezoning across Castle Hayne Road to (CZD) B-2 for a Tractor Supply store. · Much of the surrounding area is changing from rural; the proposed development would offer commercial services to support nearby residents. This would in turn reduce the need for additional trips to nearby commercial nodes, cutting down on traffic. · The subject property consists of several smaller parcels along a minor arterial road and an interstate. The proposed development is located between two commercial nodes, Wrightsboro and Castle Hayne, and by adding mixed use to the site, commercial services would be evenly spaced along Castle Hayne Rd. · Due to the location and surrounding development patterns, the property is less likely to be developed with low density housing. · Located to the west down Chair Road, a PD was approved in 2017 which offers a variety of housing options at an increased density. The proposed PD includes an area designated for grocery which would serve the immediate area without added trips to the commercial node of Wrightsboro. · Sidewalks are proposed to increase walkability, safety, and access to and within the site. · Residents in the immediate vicinity of the subject site and within the larger residential area in this portion of the county are closest to goods and services at the commercial node located approximately 2 miles south in Wrightsboro. · The proposed concept plan positions the commercial components along Castle Hayne Rd and places lower density housing adjacent to existing residential neighborhoods. · Due to the site’s proximity to adjacent single-family residential to the west, the design of lighting associated with the business use may need additional consideration to ensure compatibility. · While the area was zoned for low density housing in the early 1970s, the 2016 Comprehensive Plan recommends a mixture of commercial uses and residential densities ranging up to 15 dwelling units per acre. Planning Board - September 5, 2024 ITEM: 1 - 2 - 21 Z24-17 Staff Report PB 9.5.2024 Page 22 of 24 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Community Mixed Use & General Residential Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed with either place type, allowing site-specific features and evolving development patterns in the surrounding area to be considered. Place Type Description Community Mixed Use: Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate use include office, retail, mixed use, recreational, commercial, institutional, multi-family and single-family residential. General Residential: Focuses on small-scale, lower density housing, associated civic and limited commercial services development that enhances neighborhood character. Types of appropriate uses include single-family residential, low-density multi-family residential, light commercial, civic, and recreational projects. Planning Board - September 5, 2024 ITEM: 1 - 2 - 22 Z24-17 Staff Report PB 9.5.2024 Page 23 of 24 Analysis The proposed project is located at the intersection of Castle Hayne Road, a minor arterial roadway, and I-140. The northern portion of the site abuts I- 140, with the GE campus across the interstate. While much of the surrounding area is currently zoned for lower density residential use, the area is transitioning to higher density residential developments, including another PD, to the west. The Comprehensive Plan classifies the eastern portion of the property fronting Castle Hayne Road as Community Mixed Use, a common classification along the Castle Hayne Road corridor. The Community Mixed Use place type encourages retail uses that attract county residents and visitors. The site’s proximity to the I-140 interchange is conducive to capturing highway traffic. Because of the I-140 interchange, it is likely that this area will see additional commercial and retail interest in the future. The western portion of the property where the residential area is proposed is classified as General Residential which carries a recommendation of up to 8 du/ac. The density of this area as proposed with 115 units would be approximately 14 du/ac, which is not in line with the General Residential place type. More information is needed on how residential densities would be clustered and transitioned to ensure that the Comprehensive Plan pattern of Community Mixed Use near Castle Hayne Road and General Residential closer to existing residential is in line with the Comprehensive Plan’s recommendations. Because this area is envisioned to transition over time into a commercial node, the proposed PD district is appropriate for this site. The Community Mixed Use place type encourages development patterns that serve all modes of travel and attract county residents and visitors along major road corridors. The site’s direct access to I-140, the GE campus and nearby higher density residential development is supportive of these types of retail development. Consistency Recommendation The proposed PD rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use and the Residential place types, however more information is needed to determine whether all elements are consistent with the plan. Planning Board - September 5, 2024 ITEM: 1 - 2 - 23 Z24-17 Staff Report PB 9.5.2024 Page 24 of 24 STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The scale and density of the proposed development compliments surrounding development patterns, however more details are needed for clarification related to the location of mixed-use and residential components of the project. Staff recommends the item be continued to the October 3rd, 2024 Planning Board meeting in order for additional details regarding the location of mixed use and residential components of the project to be finalized. Alternative Motion for APPROVAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds approval appropriate.) I move to recommend APPROVAL of the proposed PD rezoning with the attached Terms and Conditions document. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use and General Residential place types, and the project will create a new commercial node in close proximity to nearby residents. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the project provides additional housing diversity to the area and increases vehicular and pedestrian circulation. Alternative Motion for DENIAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds denial appropriate.) I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type, the residential densities are in line with those recommended within the General Residential place type, and the project will create a new commercial node in close proximity to nearby residents, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposed development will detract from the character of the surrounding community. Planning Board - September 5, 2024 ITEM: 1 - 2 - 24 Planning Board - September 5, 2024 ITEM: 1 - 3 - 1 Planning Board - September 5, 2024 ITEM: 1 - 4 - 1 Chair Rd Ca s t l e H a y n e R d DuttonD r Davis Ln Sa s s a n q u a R d Em e r s o n D r ChairRd I-140 Gladiolus Rd Gra n n y R d B ell w o od Av I-140 Site PDR-20Several parcels along Castle Hayne Road and Chair Road Z24-17 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: Nearby Properties Z24-17 Parcels within 510 feet Planning Board - September 5, 2024 ITEM: 1 - 5 - 1 Initial Application Documents & Materials Planning Board - September 5, 2024 ITEM: 1 - 6 - 1 Planning Board - September 5, 2024 ITEM: 1 - 7 - 1 Planning Board - September 5, 2024 ITEM: 1 - 7 - 2 Planning Board - September 5, 2024 ITEM: 1 - 7 - 3 Planning Board - September 5, 2024 ITEM: 1 - 7 - 4 Planning Board - September 5, 2024 ITEM: 1 - 7 - 5 Planning Board - September 5, 2024 ITEM: 1 - 7 - 6 Planning Board - September 5, 2024 ITEM: 1 - 7 - 7 Planning Board - September 5, 2024 ITEM: 1 - 7 - 8 Planning Board - September 5, 2024 ITEM: 1 - 7 - 9 Planning Board - September 5, 2024 ITEM: 1 - 7 - 10 Planning Board - September 5, 2024 ITEM: 1 - 7 - 11 Planning Board - September 5, 2024 ITEM: 1 - 7 - 12 Planning Board - September 5, 2024 ITEM: 1 - 7 - 13 Planning Board - September 5, 2024 ITEM: 1 - 7 - 14 Planning Board - September 5, 2024 ITEM: 1 - 7 - 15 Planning Board - September 5, 2024 ITEM: 1 - 7 - 16 Planning Board - September 5, 2024 ITEM: 1 - 7 - 17 Planning Board - September 5, 2024 ITEM: 1 - 7 - 18 Planning Board - September 5, 2024 ITEM: 1 - 7 - 19 Planning Board - September 5, 2024 ITEM: 1 - 7 - 20 Planning Board - September 5, 2024 ITEM: 1 - 7 - 21 Planning Board - September 5, 2024 ITEM: 1 - 7 - 22 Planning Board - September 5, 2024 ITEM: 1 - 7 - 23 Planning Board - September 5, 2024 ITEM: 1 - 7 - 24 Planning Board - September 5, 2024 ITEM: 1 - 7 - 25 Planning Board - September 5, 2024 ITEM: 1 - 7 - 26 Supplementary Applicant Materials Planning Board - September 5, 2024 ITEM: 1 - 8 - 1 Proposed Master Planned Development Terms & Conditions Terms and Conditions 1. Conditions related to approval of the application for the planned development zoning district classification; a) Development within the PD District will comply with the use types; buffer requirements, setback requirements, maximum impervious area, maximum height and density as shown on the MPD Master Plan; b) Developer will install all applicable offsite traffic improvements required by the TIA in conjunction with development of the site (a diagram of which is attached hereto as Exhibit “A”), subject to any modifications required by the NCDOT and/or WMPO. c) At Developer’s own expense, Developer will provide a new access easement across Developer’s property from Emerson Drive to the Grady/Moore Family Cemetery for use by members of the Grady/Moore Family. The Developer, however, shall not be responsible for maintenance of the Cemetery property. The aforementioned access easement is planned to be utilized only for cemetery access, underground utility access and emergency vehicle ingress/egress. d) Developer must provide water and sewer utilities to the site prior to development. e) The uses allowed shall include all of the uses permitted in the PD District as specified in NHC UDO Table 4.2.1, except that the following uses will be prohibited: i. All Agricultural Uses; ii. The following Residential Uses: (1) Mobile Home; (2) Mobile Home, Doublewide; (3) Mobile Home Park; (4) Mobile Home Subdivision iii. The following Civic and Institutional Uses: (1) Animal Shelter Planning Board - September 5, 2024 ITEM: 1 - 9 - 1 (2) Heliport iv. The following Commercial Uses: (1) Mobile Home and Prefab Building Sales; (2) Vehicle Sales (3) Vehicle Towing Service and Storage Yard v. All Industrial uses vi. All Manufacturing uses vii. All Transportation uses 2. The MPD Master Plan, including any density/intensity standards, dimensional standards, and development standards established in the MPD Master Plan; Any development of the site must comply with the following standards as shown on the MPD Master Plan: a) Uses are limited to the following i. 8.24 Acres of Multifamily Residential and Mixed-Use Commercial-Residential; ii. 10.23 Acres of Commercial/Grocery; iii. 7.75 Acres of Retail b) Maximum Residential Density for Multifamily and Mixed-Use development is 17 du per acre c) Maximum number of residential units is 140 units d) Maximum height for all structures is limited to 50 feet e) Proposed buffer yard abutting residential = 20 feet f) Multifamily and Mixed-Use Setbacks = 20 feet g) Commercial/Grocery/Retail Setbacks as follows: i. Front Yard = 20 feet ii. Rear Yard = 20 feet iii. Side Yard = 20 feet iv. US/NC Highway Setbacks = 50 feet h) Maximum impervious = 50% Planning Board - September 5, 2024 ITEM: 1 - 9 - 2 3. Conditions related to the approval of the MPD Master Plan, including any conditions related to the form and design of development shown in the MPD Master Plan; a) A minimum 20% landscape buffer as indicated on the MPD Master Plan. Existing vegetation and trees are to remain. Areas may be supplemented with plantings. b) A 5’ sidewalk will be installed on either side of the interior road connecting Chair Road to Castle Hayne Road as shown on the MPD Master Plan. c) All required traffic improvements (see attached Exhibit “A”) will be phased along with development. 4. Provisions addressing how transportation, potable water, wastewater, stormwater management, and other infrastructure will be provided to accommodate the proposed development; a) A company affiliated with the Developer previously installed a water main, in partnership with New Hanover County (who provided hydrants for fire protection) and the Cape Fear Public Utility Authority along Chair Road. Developer will be responsible for providing water infrastructure from the main to the PD development site. b) Developer will provide sewer to the PD development site, including installation of a sewage lift station for the PD development site if necessary. This will likely provide the opportunity for public/private partnerships which could expand sewer service options for existing community residents. c) As noted above, Developer will be responsible for installing all required traffic improvements in conjunction with development of the site. 5. Provisions related to environmental protection and monitoring; and The Developer will be responsible for complying with all applicable State and New Hanover County environmental and stormwater rules and regulations, as well as any other applicable Federal, State and local environmental regulations. The Developer will obtain all required local, State and Federal environmental and regulatory permits. Compensating Community Benefits The proposed PD zoning would offer several benefits to the community: • Highest and Best Use: Most of the parcels are currently vacant and the site area is underutilized. This is particularly true because the site is located at the confluence of higher intensity Comprehensive Plan placetypes and an interstate interchange. The proposed PD rezoning would allow for a wider range of neighborhood-scale goods and services to be brought to an area that is Planning Board - September 5, 2024 ITEM: 1 - 9 - 3 commercially underserved. Developing the site under the current R-20 zoning district would not have the same community benefit to nearby residents or persons employed in the vicinity. It is anticipated that the proposed PD development will help promote additional business growth, create jobs and increase the availability of commercial goods and services in the area generally. • Better Design: A cohesive and comprehensively designed mixed-use project will not only be a more efficient use of land as promoted in the County’s Comprehensive Plan, it will also be a more architecturally and aesthetically pleasing development than a disconnected parcel-by-parcel development of this same property. The PD rezoning will allow for more thoughtful, well planned and compatible landscaping and street plans, as well as the opportunity for shared parking without multiple driveway cuts on adjacent roadways. Installation of utilities can also be achieved in a more efficient and planned manner with the PD District development. • Traffic Improvements: One of the greatest community benefits of this PD rezoning request is the proposed roadway and traffic improvements that the Developer will install as part of the development of the site. A new traffic signal and improvements to Chair Road will be significant benefits to the residents of Chair Road and the surrounding area. The proposed roadway improvements, which will include dual access points to the site, will be a significant community enhancement and will protect and enhance the ingress/egress to and from St. James AME Church. • Infrastructure: A company affiliated with the Developer has already installed a water main along Chair Road for a previous project, thereby creating a looped water system for the residents of Chair Road and Rockhill Road. This investment has served as a community benefit. The current project may also require a sewage lift station for the PD development. As previously mentioned, the Developer is willing to explore opportunities to work with the County and CFPUA to design the lift station as a regional lift station, which would allow the infrastructure to be used beyond the scope of the PD development. This would provide opportunities for the County and/or CFPUA to expand the availability of sewer to both existing and future properties in the community. • Housing: The project will include more residential units than the existing R-20 zoning currently allows. These additional units, particularly in close proximity to major employers and the interstate interchange, will increase the availability of housing at a time when the County’s population and the housing deficit continue to grow. Large tracts of very low-density housing will not solve the housing shortage, but higher density housing, and particularly in mixed-use developments near major roadways and employment opportunities, will help address the County’s housing shortage. The mixed-use nature of the proposed project will Planning Board - September 5, 2024 ITEM: 1 - 9 - 4 provide commercial goods and services to both future residents of the PD development and existing residents in the Chair Road corridor area, thereby reducing the need to access Castle Hayne Road. Planning Board - September 5, 2024 ITEM: 1 - 9 - 5 NCDOT Required Improvements Figure Moore's Crossing Legend Black - Existing Infrastructure Blue - Recommended Infrastructure - Stop Control -Signal Provide widening on east side of NC 133 (Castle Hayne Road) to accommodate southbound U-turns (use SU-30 as design vehicle for U-turn maneuver). I-140 EB RampsSite Access 3 Si t e A c c e s s 1 Si t e A c c e s s 2 Chair Road NC 1 3 3 I-140 WB RampsCentennial Drive NC 1 3 3 15 0 ' 10 0 ' 250' 250' 100' 100'100' 10 0 ' Full 150'200' 20 0 ' 350' 10 0 ' i n t e r n a l s t e m Modify signal plan to provide overlap phasing for westbound right turn and serve the above listed improvements. 15 0 ' i n t e r n a l s t e m 100' internal stem Attachment EXHIBIT A Planning Board - September 5, 2024 ITEM: 1 - 9 - 6 Concept Plan Planning Board - September 5, 2024 ITEM: 1 - 10 - 1 C1 23043 Licence #C-3641 MA S T E R P L A N N E D D E V E L O P M E N T OW N E R / D E V E L O P E R BD L C T , L L C 35 7 1 H A N S A D R CA S T L E H A Y N E , N C 2 8 4 2 9 26 0 2 I R O N G A T E D R . , S U I T E 1 0 2 WI L M I N G T O N , N C 2 8 4 1 2 PH O N E ( 9 1 0 ) 3 4 3 - 9 6 5 3 SCALE: 1" = 100' 14 2 9 A S H - L I T T L E R I V E R R D . N W AS H , N C 2 8 4 2 0 PH O N E ( 9 1 0 ) 2 8 7 - 5 9 0 0 NO R R I S & T U N S T A L L CO N S U L T I N G E N G I N E E R S P . C . MO O R E ' S C R O S S I N G CA S T L E H A Y N E , N C NO R T H CAROL I N A T . J ASON C L A R K PRO F E S SIO N A L E NGINE E R S E A L 030869 PRE L I M I N A R Y SITE DATA TABLE SITE DATA TABLE LEGENDLEGEND Planning Board - September 5, 2024 ITEM: 1 - 11 - 1 Traffic Impact Analysis Planning Board - September 5, 2024 ITEM: 1 - 12 - 1 Planning Board - September 5, 2024 ITEM: 1 - 13 - 1 This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc. Planning Board - September 5, 2024 ITEM: 1 - 13 - 2 Mo Castle Hayne, NC ES-1 Executive Summary Kimley-Horn and Associates, Inc. has performed a Traffic Impact Analysis for the proposed Moore s Crossing project to be located on the southwest quadrant of I-140 and Castle Hayne Road along Chair Road in Castle Hayne, NC. The site as currently envisioned will consist of 115 multifamily units, 85,000 square-feet (s.f.) of shopping plaza with supermarket, , 6,000 s.f. high- turnover sit-down restaurant, and a 3,500 s.f. convenience store.. The purpose of this TIA was to review the vehicular Crossing development in Castle Hayne, North Carolina. Furthermore, this analysis explores the potential of an access break shift from the current location to opposite the existing I-140 EB off ramp. Lastly, this analysis evaluated a series of access configurations under the shifted access break. The current access break is located approximately 400 feet south of the existing I-140 EB Ramps as measured centerline to centerline of the intersections. The graphic to the right depicts the location of the existing break relative to the I-140 EB ramps. This traffic study considered 3 build scenarios, which are described in detail below, with Scenarios 2 and 3 proposing to realign Chair Road to tie in as a fourth leg to the intersection of Castle Hayne Road at the I- 140 eastbound ramps, while keeping existing Chair Road in place with access modifications as described below. Scenario 1: o Chair Road Full-Movement o I-140 Eastbound Ramp Full-Movement Scenario 2: o Chair Road realigned as a fourth leg to the I-140 Eastbound Ramp o Chair Road Right-in/Right-out o I-140 Eastbound Ramp Full-Movement Scenario 3: o Chair Road realigned as a fourth leg to the I-140 Eastbound Ramp o Chair Road Full-Movement o I-140 Eastbound Ramp Full-Movement except for Eastbound Through Planning Board - September 5, 2024 ITEM: 1 - 13 - 3 Mo Castle Hayne, NC ES-2 The access for the site as currently envisioned would consist of 2 full movement driveways along Chair Road in Scenario 1. For Scenarios 2 and 3, the site will be accessed by adding a fourth eastbound leg to the I-140 eastbound ramp, two full movement driveways on the Realigned Chair Road. This report presents trip generation, distribution, traffic analyses, and recommendations for transportation improvements required to meet anticipated traffic demands in conjunction with the development. The traffic conditions studied include the existing (2023), projected background (2026), and projected build-out (2026) traffic conditions. The weekday AM and PM peak hours were studied. As shown in Table ES-1, the proposed development has the potential to generate 8,743 net new daily trips, 420 net new trips during the AM peak hour, and 796 net new trips during the PM peak hour on a typical weekday. Planning Board - September 5, 2024 ITEM: 1 - 13 - 4 Mo Castle Hayne, NC ES-3 AM Peak Hour PM Peak Hour Total In Out Total In Out Retail Land Uses 10,466 498 285 213 962 466 496 821 - Shopping Plaza (40-150k) - Supermarket 85.0 KSF 7,954 300 186 114 771 370 401 945 - Convenience Store/Gas Station (9-15 Fueling Positions) 3.5 KSF 2,512 198 99 99 191 96 95 Restaurant Land Uses 643 57 31 26 54 33 21 932 - High-Turnover (Sit-Down) Restaurant 6.0 KSF 643 57 31 26 54 33 21 Residential Land Uses 812 59 14 45 70 44 26 220 - Multifamily Housing (Low-Rise) 115 DU 812 59 14 45 70 44 26 Subtotal 11,921 614 330 284 1,086 543 543 Internal Capture 978 54 27 27 64 32 32 ITE Pass-By 9,687 140 70 70 438 219 219 Adjacent Street Traffic 22,000 2,150 2,250 10% Adjacent Street Traffic 2,200 216 108 108 226 113 113 Pass-By 2,200 140 70 70 226 113 113 Total Net New External Trips 8,743 420 233 187 796 398 398 Net New External Trips - Retail/Restaurant 8,205 369 220 149 741 367 374 Net New External Trips - Residential 538 51 13 38 55 31 24 Note: Trip generation was calculated using the following data: Daily Traffic Generation Retail Land Uses 821 - Shopping Plaza (40-150k) - Supermarket ITE 821 =T = 76.96 * (X) + (1412.79); (50 % In; 50 % Out) 945 - Convenience Store/Gas Station (9-15 Fueling Positions)ITE 945 =T = 560.88 * (X) + (548.79); (50 % In; 50 % Out) Restaurant Land Uses 932 - High-Turnover (Sit-Down) Restaurant ITE 932 = T = 107.2 (X); (50 % In; 50 % Out) Residential Land Uses 220 - Multifamily Housing (Low-Rise)ITE 220 = T = 6.41 * (X) + (75.31); (50 % In; 50 % Out) AM Peak-Hour Traffic Generation Retail Land Uses 821 - Shopping Plaza (40-150k) - Supermarket ITE 821 = T = 3.53 (X); (62 % In; 38 % Out) 945 - Convenience Store/Gas Station (9-15 Fueling Positions)ITE 945 = T = 56.52 (X); (50 % In; 50 % Out) Restaurant Land Uses 932 - High-Turnover (Sit-Down) Restaurant ITE 932 = T = 9.57 (X); (55 % In; 45 % Out) Residential Land Uses 220 - Multifamily Housing (Low-Rise)ITE 220 = T = 0.31 * (X) + (22.85); (24 % In; 76 % Out) PM Peak-Hour Traffic Generation Retail Land Uses 821 - Shopping Plaza (40-150k) - Supermarket ITE 821 = T = 7.67 * (X) + (118.86); (48 % In; 52 % Out) 945 - Convenience Store/Gas Station (9-15 Fueling Positions)ITE 945 = T = 54.52 (X); (50 % In; 50 % Out) Restaurant Land Uses 932 - High-Turnover (Sit-Down) Restaurant ITE 932 = T = 9.05 (X); (61 % In; 39 % Out) Residential Land Uses 220 - Multifamily Housing (Low-Rise)ITE 220 = T = 0.43 * (X) + (20.55); (63 % In; 37 % Out) UnitsLand Use Moore's Crossing Development Trip Generation DailyIntensity Planning Board - September 5, 2024 ITEM: 1 - 13 - 5 May 02, 2024 Mr. Jonathan Guy, PE, PTOE, AICP Kimley-Horn & Associates 421 Fayetteville Street, Suite 600 Raleigh, NC 27601 RE: Approval with conditions of the Traffic Impact Analysis (TIA) associated with the proposed Moore’s Crossing mixed use development in New Hanover County, NC. Dear Mr. Guy: The WMPO, NCDOT and New Hanover County staffs have reviewed the Moore’s Crossing TIA (sealed March 25, 2024) and based on the information provided and conversations held to date, it is our understanding that the proposed development will be built in 2026 and consist of the following land uses: Full Build 2026: o ITE Land Use Code 220 – Multi-family (low-rise) housing 115 DU o ITE Land Use Code 821 – Shopping Plaza w/Supermarket 85,000 SF o ITE Land Use Code 932 – High-turnover (sit-down) Restaurant 6,000 SF o ITE Land Use Code 945 – Convenience Store with gasoline pumps 3,500 SF and 16 VFP Based upon the review of the analysis provided, the following improvements are required of this development: NC 133 (Castle Hayne Road) and SR 1332 (Chair Road) (Stop-controlled intersection) • Install a traffic signal and provide necessary communication equipment for coordination. • Extend the existing eastbound left turn lane on SR 1332 (Chair Road) to provide 250 feet of storage, appropriate full width deceleration and taper. • Construct a second eastbound left turn lane on SR 1332 (Chair Road) with 250 feet of storage, appropriate full width deceleration and taper. • Construct a southbound right turn lane on NC 133 (Castle Hayne Road) with 100 feet of storage, appropriate full width deceleration and taper. • Restripe the exiting southbound two-way center left turn lane (TWLTL) on NC 133 (Castle Hayne Road) to provide southbound U-turn Lane with 150 feet of storage. Planning Board - September 5, 2024 ITEM: 1 - 14 - 1 TIA approval with conditions of Moore’s Crossing Traffic Impact Analysis (New Hanover County) Page 2 of 3 • Provide widening on east side of NC 133 (Castle Hayne Road) to accommodate southbound U-turns (use SU-30 as design vehicle for U-turn maneuver). NC 133 (Castle Hayne Road) and I-140 Eastbound Ramps/Site Access 3 (Signalized intersection) Note: the following elements require modification to the Control of Access conditions. • Construct a westbound left-thru lane on I-140 Eastbound Ramp with 200 feet of storage, appropriate full width deceleration and taper. • Construct a westbound right turn lane on I-140 Eastbound Ramp with 150 feet of storage, appropriate full width deceleration and taper. • Construct site access (eastbound approach) with one ingress lane and one egress lane. The egress should be configured with an internal protected stem of 100 feet, measured from the right-of-way line. Construct the exiting maneuver as a channelized right-out only with stop controls. • Restripe the gore area on the northbound approach to provide a dedicated northbound left turn lane on NC 133 (Castle Hayne Road) with 200 feet of storage. • Construct a southbound right turn lane on NC 133 (Castle Hayne Road) with 100 feet of storage, appropriate full width deceleration and taper. • Modify signal plan to provide overlap phasing for westbound right turn and serve the above listed improvements. NC 133 (Castle Hayne Road) and I-140 Westbound Ramps (Signalized intersection) • Extend the existing westbound left turn lane on I-140 Westbound Ramp to provide 350 feet of storage, appropriate full width deceleration and taper. SR 1332 (Chair Road) and Site Access 1 (Proposed stop-controlled intersection) • Construct an eastbound left turn lane on SR 1332 (Chair Road) with 100 feet of storage, appropriate full width deceleration and taper. • Construct a westbound right turn lane on SR 1332 (Chair Road) with 100 feet of storage, appropriate full width deceleration and taper. • Construct site access (southbound approach) with an internal protected stem of 100 feet, measured from the right-of-way line and configured with one ingress lane and one egress lane. • Provide stop controls on the southbound approach. SR 1332 (Chair Road) and Site Access 2 (Proposed stop-controlled intersection) • Construct a westbound right turn lane on SR 1332 (Chair Road) with 100 feet of storage, appropriate full width deceleration and taper. • Construct site access (southbound approach) with an internal protected stem of 150 feet, measured from the right-of-way line and configured with one ingress lane and one egress lane. • Provide stop controls for the southbound approach. Planning Board - September 5, 2024 ITEM: 1 - 14 - 2 Planning Board - September 5, 2024 ITEM: 1 - 14 - 3 NCDOT Required Improvements Figure Moore's Crossing Legend Black - Existing Infrastructure Blue - Recommended Infrastructure - Stop Control -Signal Provide widening on east side of NC 133 (Castle Hayne Road) to accommodate southbound U-turns (use SU-30 as design vehicle for U-turn maneuver). I-140 EB RampsSite Access 3 Si t e A c c e s s 1 Si t e A c c e s s 2 Chair Road NC 1 3 3 I-140 WB RampsCentennial Drive NC 1 3 3 15 0 ' 10 0 ' 250' 250' 100' 100'100' 10 0 ' Full 150'200' 20 0 ' 350' 10 0 ' i n t e r n a l s t e m Modify signal plan to provide overlap phasing for westbound right turn and serve the above listed improvements. 15 0 ' i n t e r n a l s t e m 100' internal stem Planning Board - September 5, 2024 ITEM: 1 - 14 - 4 Z24-17 List of Permi ed Uses *Indicates use-specific standards are required Terms and Condi ons Residen al Household Living · Dwelling, Dual Unit A ached · Dwelling, Mul&-Family* · Dwelling, Quadraplex · Dwelling, Single Family Detatched · Dwelling, Triplex · Dwelling, Row-Style · Dwelling, Two-Family (Duplex) · Live / Work or Caretaker Unit* · Senior Living: Independent Living Re&rement Community Group Living · Family Care Home* · Group Home* · Senior Living: Assisted Living Facility* · Senior Living: Con&nuing Care Re&rement Community* Civic and Ins tu onal Child and Adult Care · Adult Day Care* · Child Care Center · Family Child Care Home Civic · Community Center · Library · Lodges, Fraternal and Social Organiza&ons · Museum · Religious Assembly Communica on and Informa on Facili es · Amateur Radio Antennas (up to 90 =.)* Planning Board - September 5, 2024 ITEM: 1 - 15 - 1 · Antenna & Towers less than 70 =. in Height & Ancillary to the Principal Use* · Colloca&on, Wireless* · Non-Substan&al Modifica&on* Educa onal Services · Colleges, Universi&es, and Professional Schools · Elementary and Secondary Schools · Voca&on or Trade School Government Services · Emergency Services Facility · Government Offices and Buildings · Post Office Health Care Facili es · Hospice · Hospital · Medical and Dental Office and Clinic · Nursing and Rehabilita&on Center · Urgent Care Facility* Recrea on, Parks, and Open Space · Boa&ng Facility, Private Residen&al · Community Garden · Golf Course · Park and Recrea&on Area Transporta on · Airport and Terminal · Bus and Taxi Terminal · Marina, Commercial · Water Transporta&on Facili&es U li es · Electric Substa&on · U&lity Lines, Structures, and /or Facili&es; General* Commercial Uses Amusement and Entertainment · Bar/Night Club · Event Center · Indoor Recrea&on Establishment · Outdoor Recrea&on Establishment Animal Services Planning Board - September 5, 2024 ITEM: 1 - 15 - 2 · Animal Grooming Service · Equestrian Facility · Kennel · Veterinary Service Commercial Services · Bank and/or Financial Ins&tu&on · Business Service Center · Funeral Service · Mini-Warehouse / Self-Storage · Repair Shop Food & Drink · Commercial Kitchen, Catering · Microbrewery/Microdis&llery · Restaurant Lodging · Campground/Recrea&onal Vehicle Park* · Hotel or Motel Office · Contractor Office · Labor Organiza&on · Offices for Private Business and Professional Ac&vi&es Personal Services · Dry Cleaning / Laundry Plant · Instruc&onal Services and Studios · Personal Services, General Retail Sales · Convenience Store · Food Market · Grocery Store · Pharmacy · Retail Nursery · Retail Sales, Building and Construc&on Supplies · Retail Sales, General Vehicle & Equipment Sales & Services · Boat Dealer · Car Wash · Equipment Rental and Leasing · Farm Implement Sales · Fuel Sales* · Vehicle Service Sta&on, Large Vehicles Planning Board - September 5, 2024 ITEM: 1 - 15 - 3 · Vehicle Service Sta&on, Minor · Vehicle Service Sta&on, Major Special Use Civic and Ins tu onal · Other Wireless Communica&on Facili&es including Wireless Support Structures & Substan&al Modifica&ons* Recrea on, Parks, and Open Space · Boa&ng Facility, Community · Cemetery · Marina, Commercial with Floa&ng Structures Accessory Uses · Accessory Dwelling Unit · Accessory Structure · Accessory Use, Customary · Dry Stack Boat Storage Facility, at a Marina · Electric Vehicle Charging Sta&on · Farm Stand · Home Occupa&on · Residen&al Private Pier · Solar Energy Collec&on Facility, Accessory · RV or Travel Trailer Dwelling · Small Watercra= Storage · Stormwater Facili&es on Con&guous Proper&es · Wind Energy Collec&on Facility, Accessory Temporary Uses · Circuses, Carnivals, and Fairs · Construc&on Office · Debris Site · Farmer’s Market · Seasonal Sales · Special Fundraising for Non-profit Organiza&ons · Temporary Emergency Services · Temporary Family Healthcare Structure · Temporary Real Estate Office/Model · Temporary Reloca&on Housing · Travel Trailers Planning Board - September 5, 2024 ITEM: 1 - 15 - 4 Public Comments In Support 1 Neutral 0 In Opposition 0 Planning Board - September 5, 2024 ITEM: 1 - 16 - 1 1 Doss, Amy From:E Whitted <e2752@aol.com> Sent:Friday, August 23, 2024 3:14 PM To:Doss, Amy Subject:BDLCT Rezoning . Follow Up Flag:Follow up Flag Status:Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** My name is Emerson Whitted. I own three lots adjacent to the site. I am in support of the rezoning request with these concerns: *There should be no access from the NW ,part of the site to Emerson Dr. The new street to access the cemetery exclusively is acceptable. *Additional traffic on Chair Rd. is a negative. *Would like to see a fence or other type of buffer between the lots on the east side of Emerson Dr. and the site. *Our neighborhood needs access to public utilities that will be serving this site. *Appropriate lighting and signage should be considered for the area of the site that borders Chair Rd *Parking on the shoulder of the south side of Chair Rd. next to the church needs to be eliminated 910-617-4483 Planning Board - September 5, 2024 ITEM: 1 - 17 - 1 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 9/5/2024 Regular DEPARTMENT: Planning PRESENTER(S): Zach Dickerson, Senior Planner CONTACT(S): Zach Dickerson; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z24-18) - Request by Seth Hun7 with Source Contrac9ng, LLC, applicant, on behalf of Storehouse Holdings, LLC, property owners, to rezone approximately 0.47 acres located at 1132 S. Seabreeze Road from the (CZD) R-7, Condi9onal Residen9al Moderate Density District to (CZD) B-2, Regional Business for the use of Contractor Office and Offices for Private Business and Professional Ac9vi9es. BRIEF SUMMARY: The applicant is reques#ng to rezone approximately 0.44 acres from a (CZD) R-7, Condi#onal Residen#al District to a (CZD) B-2, Condi#onal Regional Business District, to construct a maximum 8,900 square foot building for a Contractor Office and Offices for Private Business and Professional Ac#vi#es. The applicant's proposed concept plan shows a three-story building on the site with requisite parking in front and under the building. The building is situated in the middle of the site and the parking lot is designed to preserve exis#ng significant and specimen live oak trees, and to meet the 75 foot conserva#on resource setback. The parking lot on the site proposes pervious pavement. The concept plan also includes a boardwalk to the Intracoastal Waterway, and a sidewalk to S Seabreeze Road, connec#ng to off-site parking. Because of the constraints of the site, ten of the parking spaces are proposed in a lot across S Seabreeze Road, shown on the concept plan. That lot is already zoned B-2 and parking is permi=ed by-right in the B-2 district. This parcel was rezoned to a (CZD) R-7 district in February 2024 to build two single-family homes. The applicant is reques#ng to rezone this parcel back to a B-2 district. The R-7 district was established to provide lands that accommodate moderate density residen#al development with a range of housing types that are located walkable distance to jobs, shopping, and entertainment, and where appropriate, serve as a transi#on between more intensive and lower density areas. Much of the surrounding Seabreeze area, including the two adjacent parcels, is zoned B-2. The B-2 district in this area was established in 1971. At the #me, the purpose of the B-2 district was to encourage business development in the historic Seabreeze area. In general, the B-2 district's intent is to provide for the proper site layout and development or larger format or larger structure size business uses, including big box stores and automobile dealers. It is es#mated the site would generate approximately 1 AM and 2 PM peak hour trips if developed under current zoning. The proposed (CZD) B-2 development is es#mated to generate 15 AM and 19 PM peak hour trips, increasing the number of peak hour trips by approximately 14 AM and 17 PM. The proposed project is located along a local road that currently has capacity. Seabreeze Road is currently accessed Planning Board - September 5, 2024 ITEM: 2 off Carolina Beach Road, a principal arterial highway which is heavily traveled but with available capacity. Though in general a low-traffic generator, this development would result in an increase in trip genera#on that would have a small impact on the surrounding low-traffic area. The 2016 Comprehensive Plan designates this property as Community Mixed Use which focuses on small-scale, compact, mixed use development pa=erns that serve all modes of travel and act as an a=ractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recrea#onal, commercial, ins#tu#onal, and mul#-family and single-family residen#al. The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because it provides uses in line with the purposes and intent of the Community Mixed Use Place Type. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff’s recommenda#on is based on the policy guidance of the 2016 Comprehensive Plan, zoning considera#ons, and technical review. While the use is consistent with the recommenda#ons of the Community Mixed Use place type, the use is not common in the Seabreeze area. The specifics of the site including size, VE Coastal High Hazard Flood area designa#on and specimen trees on site make the parcel difficult to develop. However, the requested rezoning to (CZD) B-2 places the parcel back in its original zoning designa#on, making the parcel consistent with the zoning of the surrounding Seabreeze area. I move to RECOMMEND APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides uses in line with the Community Mixed Use Place Type, and I find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would place the parcel back into its original zoning designa#on, more closely matching with the surrounding Seabreeze area. Proposed Condi9ons 1. The use must be generally consistent with the site plan. 2. Uses are restricted to the following B-2 uses: Contractor Office and Offices for Private Business and Professional Ac#vi#es. 3. No outdoor storage of construc#on materials shall be permi=ed on the site. 4. All live oak trees on the property will be preserved as part of this development. 5. Subject to approval by the NCDOT, the applicant will install striping and signage for a crosswalk on S Seabreeze Road, connec#ng the off-site parking with the subject property. 6. The project must meet the county’s minimum parking requirements through either a satellite parking arrangement or other alterna#ve parking approved by staff under Sec#on 5.1.3 Alterna#ve Parking Plans during the Technical Review Commi=ee review. Alterna9ve Mo9on for DENIAL (if based on informa#on presented at the public hearing or other considera#on beyond the scope of staff review, the board finds denial appropriate.) Planning Board - September 5, 2024 ITEM: 2 I move to RECOMMEND DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides uses in line with the Community Mixed Use Place Type, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the use is too intense for the generally low intensity area. ATTACHMENTS: Descrip#on Z24-18 PB Script Z24-18 PB Staff Report Z24-18 Zoning Map Z24-18 Future Land Use Map Z24-18 Mailout Map Z24-18 Application Cover Sheet Z24-18 Application Z24-18 Concept Plan Cover Sheet Z24-18 Concept Plan Z24-18 Public Comments Cover Sheet Z24-18 Public Comments COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - September 5, 2024 ITEM: 2 PLANNING BOARD SCRIPT for Zoning Map Amendment Application (Z24-18) Rezoning Request (Z24-18 – Seabreeze Contractor Office) – Request by Seth Huntt with Source Contracting, LLC, applicant, on behalf of Storehouse Holdings, LLC, property owners, to rezone approximately 0.47 acres located at 1132 S. Seabreeze Road from the (CZD) R-7, Conditional Residential Moderate Density District to (CZD) B-2, Regional Business for the use of Contractor Office and Offices for Private Business and Professional Activities. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s rebuttal (up to 5 minutes) e. Opponent’s rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition, request a continuance, or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to RECOMMEND APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides uses in line with the Community Mixed Use Place Type, and I find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would place the parcel back into its original zoning designation, more closely matching with the surrounding Seabreeze area. Proposed Conditions 1. The use must be generally consistent with the site plan. 2. Uses are restricted to the following B-2 uses: Contractor Office and Offices for Private Business and Professional Activities. 3. No outdoor storage of construction materials shall be permitted on the site. Planning Board - September 5, 2024 ITEM: 2 - 1 - 1 4. All live oak trees on the property will be preserved as part of this development. 5. Subject to approval by the NCDOT, the applicant will install striping and signage for a crosswalk on S Seabreeze Road, connecting the off-site parking with the subject property. 6. The project must meet the county’s minimum parking requirements through either a satellite parking arrangement or other alternative parking approved by staff under Section 5.1.3 Alternative Parking Plans during the Technical Review Committee review. Alternative Motion for DENIAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds denial appropriate.) I move to RECOMMEND DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides uses in line with the Community Mixed Use Place Type, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the use is too intense for the generally low intensity area. Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed rezoning to a conditional B-2 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Planning Board - September 5, 2024 ITEM: 2 - 1 - 2 Z24-18 Staff Report PB 9-5-2024 Page 1 of 14 STAFF REPORT FOR Z24-18 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z24-18 Request: Rezoning to a Conditional B-2 district Applicant: Property Owner(s): Seth Huntt, Source Contracting Storehouse Holdings, LLC Location: Acreage: 1132 Seabreeze Rd 0.444 PID(s): Comp Plan Place Type: R08519-001-002-000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Offices for Private Business and Professional Activities, Contractor Office Current Zoning: Proposed Zoning: (CZD) R-7, Residential (CZD) B-2, Regional Business SURROUNDING AREA LAND USE ZONING North Detached Single-Family Residential, built in 1930 (predates zoning) B-2 East Intracoastal Waterway N/A South Bed and Breakfast B-2 West Boat and Boat Trailer Storage, Legal Non- Conforming Single-Family Home B-2 Planning Board - September 5, 2024 ITEM: 2 - 2 - 1 Z24-18 Staff Report PB 9-5-2024 Page 2 of 14 ZONING HISTORY April 7, 1971 Initially zoned B-2 (Area 4) February 5, 2024 Zoned (CZD) R-7 for two residential units. COMMUNITY SERVICES Water/Sewer Neither water nor sewer services are available through CFPUA. The AQUA system does serve part of Seabreeze Road, but this property would only be serviceable via a mainline extension. The property could be served through private well and septic permitted through NHC Environmental Health. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station Schools Anderson Elementary, Murray Middle, and Ashley High Schools Recreation Veterans Park, Carolina Beach State Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources on-site. However, there are open tidal waters just outside the eastern property boundary which prescribe a 75’ Conservation Overlay District setback on the site. Historic While undeveloped, the parcel is located within the historic Seabreeze neighborhood. Established in the mid-1920’s, the area was a prime vacation resort for African Americans within southeastern North Carolina from the 1930’s through the 1950’s before a decline stemming from Hurricane Hazel in 1954, financial trouble, and the end of segregation in the 1960’s. Archaeological No known archaeological resources Planning Board - September 5, 2024 ITEM: 2 - 2 - 2 Z24-18 Staff Report PB 9-5-2024 Page 3 of 14 APPLICANT’S PROPOSED CONCEPTUAL PLAN Applicant’s Concept Plan - Includes Staff Markups • The applicant is proposing to recombine the two (CZD) R-7 lots after rezoning to a (CZD) B- 2 and construct an 8,900 sq foot office building. • The concept plan shows a three story building on the site with requisite parking in front and under the building. • The parking lot on the site proposes pervious pavement and the development is below the 10,000 square foot threshold for a stormwater management permit. • The building is situated in the middle of the site and the parking lot is designed to preserve existing significant and specimen live oak trees. The required conservation resource setback is 75’, but the site plan proposes an additional 25’ to make the setback 100’ . A condition has been included guaranteeing preservation of the live oak trees. • The concept plan includes a boardwalk to the Intracoastal Waterway, and a sidewalk to S Seabreeze Road, connecting to off-site parking. • The applicant has confirmed that the boardwalk is just for use by employees, owners, and customers. • The applicant has stated that there will be no outside storage of construction materials for the contractor office. A condition has been added to reflect this. • Because of the constraints of the site, ten of the parking spaces are proposed in a lot across S Seabreeze Road. That lot is already zoned B-2 and parking is permitted by-right in the B-2 district. In t r a c o a s t a l Wa t e r w a y S S e a b r e e z e R d 100’ COD Setback Line 8,900 sq ft Office Building Parking Lot 1 (including under building) Parking Lot 2 Elm St Planning Board - September 5, 2024 ITEM: 2 - 2 - 3 Z24-18 Staff Report PB 9-5-2024 Page 4 of 14 ZONING CONSIDERATIONS • Much of the surrounding Seabreeze area, including the two adjacent parcels, is zoned B-2. The B-2 district in this area was established in 1971. At the time, the purpose of the B-2 district was to encourage business development in the historic Seabreeze area. • This particular parcel was rezoned in February of 2024 for a two-lot residential development; however, that development did not materialize. • The applicant is requesting to rezone this parcel back to a B-2 district. • Given the need for private wells and septic systems or the extension of private utilities, the area has not experienced the anticipated commercial growth intended by the initial B-2 zoning in the area. AQUA private water and sewer services are available in some of the Seabreeze area. • Currently, AQUA private water and sewer services do not extend to this site. The applicant has stated that they intend to pay for extension of AQUA utilities to the site. • The applicant is proposing satellite parking across S Seabreeze Road. While not part of the rezoning request, the off-street parking must comply with UDO Section 5.1.3, Alternative Parking Plans. This Section allows for alternative parking plans to provide the minimum required number of off-street parking spaces required on a site. o Subsection B, Shared Off-Site Parking, Location states: “The lot in which the parking spaces are located shall be within 660 feet of the primary pedestrian entrances to the uses shared by the parking, measured by the actual distance via a pedestrian walkway from the shared parking area to the primary pedestrian entrances.” o A condition has been proposed requiring the applicant to work with NCDOT to provide a pedestrian crosswalk for this section of S Seabreeze Road. • While the site would not support the minimum required parking for the proposed uses a condition has been included guaranteeing the use of satellite parking or other approved alternative parking plan. • The contractor office use includes fleet vehicles on the site, which may use existing parking spaces. • The pervious pavement proposed on the subject parcel is subject to UDO Section 5.1.4.A.3, Off-Street Parking Design Standards, Surfacing. This requires any pervious surfacing used for aisles within or driveways to parking and loading areas to be certified as capable of accommodating anticipated traffic loading stresses and maintenance impacts. • B-2 developments do not have side setbacks when adjacent to other commercial developments or to other commercially zoned parcels but do have 25’ front and rear setbacks. On this site, the two adjacent parcels are zoned B-2, so side setbacks are not required. • Though not required, the concept plan does depict setbacks which could be adjusted administratively through the minor deviation process unless they are conditioned. • The acreage of the site limits its availability to be easily developed for a B-2 use. Planning Board - September 5, 2024 ITEM: 2 - 2 - 4 Z24-18 Staff Report PB 9-5-2024 Page 5 of 14 • There are two specimen live oaks on the property. One of the conditions of the previous rezonings required both of those trees to remain. The proposed concept plan shows both of those trees being preserved as part of this development. • There are two other live oak trees on the property which are not significant or specimen trees at their current size. The proposed condition requires all live oak trees on the property to be retained. • There is an existing commercial use of a bed and breakfast on the parcel to the south. • If approved, the project would be subject to zoning compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. Planning Board - September 5, 2024 ITEM: 2 - 2 - 5 Z24-18 Staff Report PB 9-5-2024 Page 6 of 14 AREA DEVELOPMENTS Seabreeze Commercial Planning Board - September 5, 2024 ITEM: 2 - 2 - 6 Z24-18 Staff Report PB 9-5-2024 Page 7 of 14 TRANSPORTATION Pedestrian Connection Planning Board - September 5, 2024 ITEM: 2 - 2 - 7 Z24-18 Staff Report PB 9-5-2024 Page 8 of 14 CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of two single-family dwellings. PROPOSED ACCESS Primary Access S Seabreeze Rd EXISTING ROADWAY CHARACTERISTICS Affected Roadway S Seabreeze Rd Type of Roadway Local Road Roadway Planning Capacity (AADT) 4,000* Latest Traffic Volume (AADT) 400 Latest WMPO Point-in-Time County (DT) N/A Current Level of Congestion Available Capacity NEARBY NCDOT STIP ROADWAY PROJECTS No Nearby STIP Projects TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed Designation Potential Impact of Proposed Designation AM Peak Hour Trips 1 15 +14 PM Peak Hour Trips 2 19 +17 TRAFFIC IMPACT ANALYSIS (TIA) The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). SUMMARY The proposed project is located along a local road that currently has capacity. Seabreeze Road is currently accessed off of Carolina Beach Road, a principal arterial highway which is heavily traveled but with available capacity. Though in general a low-traffic generator, this development would result in an increase in trip generation that would have a small impact on the surrounding low-traffic area. *Seabreeze Road does not have a listed planning capacity. The WMPO and NCDOT use a base 4,000 vehicles per day for those road types because it is the minimum threshold necessary for NCDOT to discuss roadway capacity improvements. Planning Board - September 5, 2024 ITEM: 2 - 2 - 8 Z24-18 Staff Report PB 9-5-2024 Page 9 of 14 ENVIRONMENTAL • The property is not within a Natural Heritage Area. • The property is wholly within the VE Coastal High Hazard Area, which would require elevation certificates, V-Zone Certification, and additional development standards as prescribed in the UDO. • The proposed boardwalk shown on the concept plan would be subject to CAMA standards. • The UDO requires a 75’ setback from the salt marsh- the concept plan shows a 100’ setback, providing an additional 25’ from the Conservation Resource. • The subject property is not located within a watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Suitable) soils. OTHER CONSIDERATIONS New Hanover County Strategic Plan On July 17, 2023 the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024- 2028. This plan focuses on three core areas: workforce and economic development, community safety and well-being, and sustainable land use and environmental stewardship. Strategic Plan Outcomes Relevant to Proposal Analysis Plan for the long-term needs of businesses through timely, innovate programs and community partnerships. The strategic objective to achieve this desired outcome includes maintaining new business growth within 2.5% of the state. Natural Areas and Critical Environmental Features are Enhanced and Protected The project proposes to preserve all trees on site, and by placing some of the parking under the building, reducing some the impervious surface on the lot. Planning Board - September 5, 2024 ITEM: 2 - 2 - 9 Z24-18 Staff Report PB 9-5-2024 Page 10 of 14 Representative Developments Representative Residential Developments of Seabreeze: S Seabreeze Rd Representative Developments of Office Use with Parking Underneath (Proposed Use): Small-Scale Commercial Development Planning Board - September 5, 2024 ITEM: 2 - 2 - 10 Z24-18 Staff Report PB 9-5-2024 Page 11 of 14 Context and Compatibility • The property is located within the southern portion of the County and accessed by S Seabreeze Road, which connects directly to Carolina Beach Road, a principal arterial highway. • The subject site is located within the Seabreeze community, which served as a beach resort community for African Americans from the 1930’s to the 1950’s. While the subject site is undeveloped, a few structures from this community remain within the general vicinity. • This area was the focus of the Seabreeze Small Area Plan, created in 1989. The recommendations for the area included a revitalization of the businesses and a redevelopment of the waterfront. However, this revitalization has not been accomplished since the adoption of the plan, and some of the historic structures have been converted into luxury homes. • In February 2024, a property at the corner of S Seabreeze Road and Carolina Beach Road was rezoned from R-15 to a conditional CB, Community Business District for a mixed commercial use development. This is reflective of other rezonings along the Carolina Beach Road corridor, indicating a shift towards commercial uses adjacent to the roadway. • The parcel subject to this rezoning (Z24-18) was rezoned at the same meeting from B-2 to a conditional R-7, indicating a potential shift in the commercial and residential development patterns originally envisioned for Seabreeze when the County adopted zoning. • The parcels surrounding the subject property and in the immediate vicinity are still zoned B- 2; the parcel directly to the south has been a Bed and Breakfast since 2004. • The existing land uses within the area include a mix of small and large single-family dwellings and boat storage. • Due to the size and shape of parcels in the area, location of nearby residential, and regulations for B-2 zoned properties, potential for commercial development of the parcels would be challenging. Planning Board - September 5, 2024 ITEM: 2 - 2 - 11 Z24-18 Staff Report PB 9-5-2024 Page 12 of 14 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Community Mixed Use Place Type Description Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. Planning Board - September 5, 2024 ITEM: 2 - 2 - 12 Z24-18 Staff Report PB 9-5-2024 Page 13 of 14 Analysis The B-2 zoning was originally applied to this portion of Seabreeze in 1971 to encourage light commercial development in the area. The Community Mixed Use Place Type was applied to this area during the development of the 2016 Comprehensive Plan to support and encourage the mix of uses envisioned in the 1989 Seabreeze Small Area Plan. However, the size and shape of the parcels and lack of private water and sewer limited this development, and much of the intended commercial revitalization did not materialize. The majority of this portion of Seabreeze remains zoned for commercial use, which is congruent with the Community Mixed Use Place Type. The general office and contractor office uses are generally consistent with the Comprehensive Plan’s recommendations for the Community Mixed Use Place Type, but this use is not common in the Seabreeze area. This part of Seabreeze is largely single-family residential and boat storage. While this area is designated for moderate densities and mixed residential and commercial uses, the entire parcel is within the VE Coastal High Hazard Area. Generally, lower residential densities are recommended for flood prone areas in the Comprehensive Plan to reduce the number of homeowners with higher risks of flood damage. The proposed rezoning reduces the number of residential lots in the flood plain. Consistency Recommendation The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because it provides uses in line with the purposes and intent of the Community Mixed Use Place Type. Planning Board - September 5, 2024 ITEM: 2 - 2 - 13 Z24-18 Staff Report PB 9-5-2024 Page 14 of 14 STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. While the use is consistent with the recommendations of the Community Mixed Use place type, the use is not common in the Seabreeze area. The specifics of the site including size, VE Coastal High Hazard Flood area designation and specimen trees on site make the parcel difficult to develop. However, the requested rezoning to (CZD) B-2 places the parcel back in its original zoning designation, making the parcel consistent with the zoning of the surrounding Seabreeze area. As a result, Staff recommends approval of the request and suggests the following motion: I move to RECOMMEND APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides uses in line with the Community Mixed Use Place Type, and I find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would place the parcel back into its original zoning designation, more closely matching with the surrounding Seabreeze area. Recommended Conditions 1. The use must be generally consistent with the site plan. 2. Uses are restricted to the following B-2 uses: Contractor Office and Offices for Private Business and Professional Activities. 3. No outdoor storage of construction materials shall be permitted on the site. 4. All live oak trees on the property will be preserved as part of this development. 5. Subject to approval by the NCDOT, the applicant will install striping and signage for a crosswalk on S Seabreeze Road, connecting the off-site parking with the subject property. 6. The project must meet the county’s minimum parking requirements through either a satellite parking arrangement or other alternative parking approved by staff under Section 5.1.3 Alternative Parking Plans during the Technical Review Committee review. Alternative Motion for DENIAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds denial appropriate.) I move to RECOMMEND DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides uses in line with the Community Mixed Use Place Type, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the use is too intense for the generally low intensity area. Planning Board - September 5, 2024 ITEM: 2 - 2 - 14 Planning Board - September 5, 2024 ITEM: 2 - 3 - 1 Planning Board - September 5, 2024 ITEM: 2 - 4 - 1 Planning Board - September 5, 2024 ITEM: 2 - 5 - 1 Initial Application Documents & Materials Planning Board - September 5, 2024 ITEM: 2 - 6 - 1 Page 1 of 7 Conditional Zoning District Application – Updated 06-2023 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 nhcgov.com/528/Planning-Land-Use CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county’s online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. Public Hearing Procedures (Optional) Pre-Application Conference 1 Community Information Meeting 2 Application Submittal & Acceptance 3 Planning Director Review & Staff Report (TRC Optional) 4 Public Hearing Scheduling & Notification 5 Planning Board Hearing & Recom-mendation 6 Board of Commissioners Hearing & Decision 7 Post-Decision Limitations and Actions 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email Source Contracting,LLC c/o Seth Huntt -Applicant Ward and Smith,P.A.c/o Samuel B.Franck and Madeline L.Williams -Agent Storehouse Holdings,LLC Source Contracting,LLC 315 Dawson St 315 Dawson St Wilmington,NC 28412 Wilmington,NC 28412 (910)352-0440 sh.sourcecontracting@gmail.com sh.sourcecontracting@gmail.com Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 1 Page 2 of 7 Conditional Zoning District Application – Updated 06-2023 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: Total Acreage of Proposed District: Maximum Residential Density (if applicable) Maximum Non-Residential Square Footage (if applicable) Please list all of the specific uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. Contractor Office Offices for Private Business and Professional Activities 1132 S Seabreeze Rd.,Wilmington,NC 28409 R08519-001-002-000 approximately 0.47 R-7 Community Mixed Use B-2 Business District 0.47 acres N/A Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 2 Page 3 of 7 Conditional Zoning District Application – Updated 06-2023 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. Note: It is recommended that traffic generation numbers be reviewed by the WMPO prior to application to ensure that the most appropriate ITE land use code is identified and most recent generation rates have been applied. If numbers are verified, please attach a copy of the verification. If numbers have not been verified and the submitted generation numbers must be adjusted, this may result in the application being ineligible to move forward to the intended Planning Board agenda. ITE Land Use(s): Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: PM Peak Hour Trips: Single-Tenant Office Building (715) The estimated traffic generated for the proposed use is under the 100 peak hour threshold requiring a Traffic Impact Analysis (TIA). 1. The use must be generally consistent with the site plan. 2. Uses are restricted to the following B-2 uses: Contractor Office and Offices for Private Business and Professional Activities Variable:SF (8,942 sf);Daily Trips:117 17 16 Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 3 Page 4 of 7 Conditional Zoning District Application – Updated 06-2023 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at-large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County’s policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. 2. How would the requested Conditional Zoning district be consistent with the property’s classification on the 2016 Comprehensive Plan’s Future Land Use Map. See Attachment B See Attachment B Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 4 Page 5 of 7 Conditional Zoning District Application – Updated 06-2023 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? See Attachment B Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 5 Page 6 of 7 Conditional Zoning District Application – Updated 06-2023 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as “N/A”. Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial This application form, completed and signed (all property owners must sign signatory page) Application fee: • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review Community Information Meeting Report (complete and signed by agent or all property • The official TIA approval letter is recommended prior to this item being placed on the Planning Board meeting agenda. The Planning Board may choose to continue the hearing until the official TIA approval letter is provided. • The official TIA approval letter is required prior to this item being placed on the Board of Commissioners meeting agenda. Legal description (by metes and bounds) or recorded survey Map Book and Page Reference minimum requirements are shown on the concept plan they may be considered conditions of approval if not eligible for approval as minor deviations]: Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, building areas and other improvements o For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. o For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. • Proposed transportation and parking improvements; including proposed rights-of- way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights-of-way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance of the property requested for rezoning See Attachment C Conceptual Plan including the following minimum elements [Note: If elements beyond the See Attachment A owners) See Attachment D Traffic Impact Analysis if applicable (use of attached report document is recommended) 4 MLW 4 MLW 4 MLW 4 N/A 4 MLW 4 Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 6 Page 7 of 7 Conditional Zoning District Application – Updated 06-2023 Documentation on soil types and infiltration rates if underground stormwater facilities proposed One (1) digital PDF copy of ALL documents AND plans 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. Signature of Property Owner(s) Print Name(s) Signature of Applicant/Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. Note: If changes are made to the proposal after the application completeness determination that require additional staff review and vetting, the proposal will be ineligible to move forward to the intended Planning Board agenda. No changes will be accepted by staff after the applications are posted at the time of public notice. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. 4 N/A 4 MLW on behalf of Storehouse Holdings,LLC on behalf of Source Contracting,LLC Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Christopher Baker Kyle Kelsay Planning Board - September 5, 2024 ITEM: 2 - 7 - 7 Attachment A Concept Plan & Survey [See attached] Attachment A Concept Plan & Survey [See attached] Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 8 50" LO 15" LO 22" LO 40" LO 1 2 4 5 10 11 12 11415 111120 21 22 224 25 6 ( 7 % $ & . 10 0 & O ' 6 ( 7 % $ & . 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CZ D R E Z O N I N G S I T E P L A N CZD-1 0 1 2 4 1" 2 0 %: 6 %: 6 7* & 0 10 20 40 0 6&$L( 1" 20 *5$3+,& 6&$L(*5$3+,& 6&$L( 1$ ' 2 0 1 1 24 1 22 22 22 5 1 4 24 35O3O6(' 3('(675,$1 6,'(:$L. 35O3O6(' O3$48( )(1&( 24 3$5.,1* $5($ 7O %( &O16758&7(' :,7+ 3(59,O86 3$9(0(17 Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 9 ‘CAROLINA BEACH INLE NOTES: 1. THE PURPOSE OF THE DEPICTED SURVEY IS 2. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES UNLESS OTHERWISE NOTED. 3. NEW HANOVER COUNTY PIN NO: R08519-001-002-000. 4.FEMAZONE "VE", BFE=14' PER FEMA MAP NO. 3720313100K. EFFECTIVE DATE: AUGUST 28, 2018. 5. THIS OFFICE HAS NOT PREFORMED A FULL TITLE REPORT. SURVEY IS SUBJECT TO ANY EASEMENTS / RIGHT OF WAYS / AFULL TITLE REPORT MAY REVEAL. NEW HANOVER COUNTY TO SHOW THE EXISTING CONDITIONS ON MCKEITHAN TRACT AT SEABREEZE. ENCUMBERANCES \ @EIP....EXISTING IRON PIPE @NIR.....NEW IRON REBAR @BEIR.....EXISTING IRON REBAR CO.......CLEANOUT SMH.......SEWER MANHOLE WM....... WATER METER 50 GRAPHIC SCALE ) 25 se: Aas — NORTH CAROLINA ‘ y, sd CAROLINA BEACH x 4 ys A 163 1S) |, BENJAMIN F. FARROW III, CERTIFY THAT THIS EXISTING re > Vi L% B 163 CONDITIONS SURVEY WAS FIELD LOCATED AND DRAWN Ay — Sey iv TF = ~ d . UNDER MY DIRECT SUPERVISION; THE SUBJECT PARCEL =< 7 +S a IS REFERENCED IN THE NEW HANOVER COUNTY DEED = ad CE AI = BOOK 5356 PAGE 186 AND MAP BOOK 48 PAGE 59; THAT OCAAL = H 233 NY THE BOUNDARIES NOT SURVEYED ARE SHOWN AS L 5 4 aye’ = TIDAL 1(1956) BROKEN LINES FROM REFERENCED RECORD _ mi —~ = TIDAL 2 (1956). N INFORMATION; THAT THIS SURVEY DOES NOT MEET - & — rd ay j — = TIDAL 3 (1956) NCGS 47-30 STANDARDS AND IS NOT FOR RECORDATION, ~ a ~. tb f& 4h oe S CONVEYANCE OR SALES. ie a € ” a > VICINITY MAP eS +h. Ving Fase ‘ / - Cc ‘ NOT TO SCALE N.C. PROFESSIONAL SURVEYOR L-5104 "444, ‘ , TTT aww we / / Qo too / Zz a | ee a 1 / oz i ! / ! / l oO | / z H DEBORAH WRIGHT / / ' DB 5189 PG 251 / MB 48 PG / ! / | PID: ROB519—001—001—000 / / wo ! / 3 1 | —__ 28 sh e't0” i i ~ a> EIP N 89°48'39" E | fe ee | ; 7 H —_! 38 S —— 288 ft TS METAL FENCE | R é / PARA ag i } ~ is LINE & | | 2 uppp & z i ! / & »>| 50" LIVE OAK SANDRA MCKEITHAN 3. Gay | f A NJ 8 oes DB 5956 PG 186 i SI g Ria m MB 48 PG 59 e| ® S alm B PID: ROB519—001-002-000 15° LIVE OAK! S| | & =]¢ 3 AREA: SF/0.47 AC i S| ‘S 2 a ZONED: B-2 BUSINESS DISTRICT ! 8] | ' 3 | = | & 40" SE i H / / | | I | I | | i / rye” \ , EIPI | S_89'5425 Ww il Png, 194.90’ EIR ~ RFIPAp | an LINE ' I ee DINKINS FAMILY LIVING TRUST | ~ | DB 6545 PG 1760 SS / i MB 48 PG 59 ' | PID: R08519—001—004—000 | g 1 \ = ! ! = / | | & = & [=] LEGEND g, ON E.......ELECTRIC TRANSFORMER T.......TELEPHONE PEDESTAL 50 ee... LINE NOT SURVEYED woe eee RIGHT OF WAY TT TT TBACK LINE ( IN err ) 7 / \ 1 inch = . DATE Scie " ' EXISTING CONDITIONS SURVEY cd FOR: BENJAMIN F FARROW III, PLS sp | BEF SOURCE CONTRACTING 3223 KELLERTON PL —— _—_ 1132 SEABREEZE WAY WILMINGTON NC, 28409 EXISTING CONDITIONS | icKEITHAN TRACT AT SEABREEZE, FEDERAL PT TOWNSHIP 910-524-9595 SHEET Wilmington, North Carolina LICENSE: L-5104 New Hanover County A 7-18-24 - Tree Revision 1 OF 1 AL Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 10 Attachment B 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. The subject property was recently rezoned from B-2 to a conditional R-7 district for a maximum of two single-family detached residential dwelling units in February 2024 (Z23-24). Prior to that rezoning, the property had been zoned B-2 since 1971. The property is currently undeveloped. Primary access to the site is from S Seabreeze Road and Elm Street. The requested B-2 zoning aligns with the 2016 Comprehensive Plan's vision for growth and development, particularly within the Community Mixed Use place type. This area is intended for small-scale, compact, mixed-use developments that cater to both residents and visitors. The plan emphasizes the need for diverse commercial uses that support local employment and services, which is consistent with the proposed uses of contractor offices and private business offices. The proposed use present desirable small-scale commercial use which is consistent with the surrounding B-2 zoning. The requested B-2 zoning is consistent with the surrounding zoning district. The surrounding property on all sides is zoned B-2. The property to the north is a detached single-family dwelling that predates zoning; however, the subject property does not directly abut the residential dwelling as there is a small parcel of land between the subject property and the residential dwelling. The property to the south is permitted as a Bed and Breakfast, and the property to the west is a boat and boat trailer storage. This proposal aligns with the New Hanover County Strategic Plan objective to reduce the number of residential lots created in special flood hazard areas. The proposed rezoning to conditional B-2 district for the contractor office use or offices for private business and professional activities would eliminate the potential of residential lots in this special flood hazard area located on the property. Staff suggested denial of the R-7 rezoning in its report to the Commissioners and Staff cited in its Agenda the County's goal to limit residential development in flood prone areas. This proposal aligns with the County's goal limit residential development in this VE coastal high hazard area flood designation. Furthermore, a commercial use on this site results in greater shoreline preservation and tree protection than a residential use. Specifically, the conceptual plan includes a 100-foot COD setback line from the waterway, compared to the current 75-foot setback line for R-7 residential. The proposed commercial use requires greater protection of specimen trees than a residential use, aligning with the County's goal of tree preservation. 2. How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. The 2016 Comprehensive Plan's Future Land Use Map (FLUM) designates this area as Community Mixed Use, which is intended to accommodate a variety of commercial and office Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 11 uses. The proposed rezoning to B-2 fits well within this classification, promoting economic development and providing services to the community. Appropriate uses in the Community Mixed use place type include office and commercial uses. The Applicant is a construction business focused on residential and commercial projects. The Applicant is proposing to use the property as the Applicant's office for their professional contractors and employees. The office space will also be used for meetings with investors and clients. The proposed office building will include individual offices for employees, conference rooms, and meeting spaces. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Recent developments in the neighborhood include new commercial projects and approvals for various commercial uses along Seabreeze Road. These changes indicate a shift towards more commercial activities, making the current R-7 residential zoning less appropriate. The property was last rezoned in February of this year from B-2 Regional Business, to R-7 residential for a maximum of two single-family detached residential dwelling units. However, the residential use did not materialize, and the property was subsequently purchased by a new owner, Storehouse Holdings, LLC. There is a commercial development coming to the entrance of Seabreeze Road, between N Seabreeze and S Seabreeze, which was approved by the Commissioners in February of 2024. Additionally, the Board of Commissioners recently approved a conditional zoning to Community Business with that applicant's plan to use the property for a bait and tackle shop use for Seabreeze Rd during the July Commissioners meeting. The commercial developments at the entrance of Seabreeze Road and the newly approved bait and tackle shop further highlight the area's evolving commercial character. The proposed contractor office and professional office uses will integrate well with these changes, providing necessary services and fostering local economic growth. Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 12 Attachment C Legal Description [See Attached] Attachment C Legal Description [See Attached] Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 13 Exhibit A All that certain tract or parcel of land lying and being situate in New Hanover County, North Carolina, and being more particularly described as follows: Being the parcel depicted as MCKEITHAN TRACT AT SEABREEZE 19,331 +/- SF on the map entitled "MCKEITHAN TRACT AT SEABREEZE" and recorded in Map Book 48 Page 59 in the office of the Register of Deeds of New Hanover County. ND:4861-0717-6914, v. 1 Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 14 : Ev YN O1 9 IN GRAMIC SCALE: I" av o " HO W I a YN T O u y : wa an a n d 09 1 ) vo lo b e “M S ‘S 1 1 4J O I N 1 S3 I N I D ° = 307 McKEITHAN TRACT PEDERAL PONT TOWNSHIP AT SEABREEZE (19,331 +\- SF) NOW NANOVER COUNTY TORTI CAROLINA SURVEYED: Hh APPROVED: 14.N.U DRAW BY: WC. ME 5, 200 0 ELM STREET CHT RIM AR. Ko. 1530 pLOCK Stanereze pee. DaOt i LES TO PAST iw OF UD. HWY. 421 ™ (U N I M P R O ! WE D ) 23. 0 8 McKEITHAN TRACT AT SEABREEZE (19,331 +\- SF) so n a r ) SE 19 0 8 AB R E E Z E AV E N U E SO U T H OR WENT OFASION APPROWNA MEAN HIGH wi’ VICINITY MAP 4 No W PANOWER COUNTY CERI OS (ANP) AO DU ine nook 4B ar race 54 FACoSsOZasio EOKED BY: 5. 5. Map Beok 48 Page 59 Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 15 MAP INDEX NUON 2005032510 FOR REGISTRATION REGISTER OF DEEDS NEW HANOVER COUNTY, Nc 2005 JUN 45 03:05:50 PM BK:48 PG:59-60 FEE: $21.00 INSTRUMENT # 2005032540 V\ Wa Kerhaa Teo. AX Se. abr e2Zz2 Name of Map Jam CD ie kKerthan Dandca Me Ke rthan Owner's Name Type of Map: a Subdivision Condo Highway Book AS Page(s) 5 Y Number of Pages \ Recorded By: (Yenme. Yan 2 Deputy/ Aeststant Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 16 REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 REERUKEWAEERARERHARERNEERERERTRERAEENEE Filed For Registration: 06/15/2005 03:05:50 PM Book: PLAT 48 Page: 59-60 Document No.: 2005032510 PLAT 2PGS $21.00 Recorder: MARVIS ANN STORER State of North Carolina, County of New Hanover REBECCA P. SMITH , REGISTER OF DEEDS Deputy/Assistant Register of Deeds YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2005032510* 2005032510 Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 17 Attachment D Community Information Meeting Report [See Attached] Attachment D Community Information Meeting Report [See Attached] Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 18 NEW HANOVER COUNTY IE DEPARTMENT OF PLANNING & LAND USE o/ 230 Government Center Drive, Suite 110 Z Wilmington, North Carolina 28403 = | e\ A \ \ = — 4, y, Non Oe” SS Telephone (910) 798-7165 — Nhegov.com/528/Planning-Land-Use COMMUNITY INFORMATION MEETING REPORT This Community Information Meeting Report must be submitted with the application for a conditional rezoning, planned development, or intensive industry special use permit in order for the application to be deemed complete. Parcel Identification Number(s) Address/Location Meeting Date and Time Location if In-Person or Hybrid Format (Virtual, In-Person, Hybrid) Selection Criteria for Location Meeting Summary Issues and Concerns Discussed at Meeting Page 1 of 2 Community Information Meeting Report — Approved 06-2022 Attendees had questions regarding why the Applicant would want to use the waterfront property for an office. Two attendees expressed that they would like to see this areabe used for residential use like what was most recently approved for the R-7 rezoning. The engineer for the Applicant showed attendees the plan for parking across the street on lots that are under contract for purchase by the Applicant. A representative of the property to the south of the subject property expressed concerns regarding noise for the commercial use. Representatives on behalf of the Applicantexplained that the proposal limited the uses to office use which would adhere to typical office hours and that office uses do not typically yield very much noise. The planned application submission time line and potential schedule for Planning Board and Board of Commissioners review were provided to the attendees. Representatives of the applicant discussed the proposal for conditional rezoning to B-2 with uses limited to contractor office and offices for private business and professional activities. R08519-001-002-000 Monday,July 29,2024 at 5:30 P.M. Veterans Park -Picnic Shelter #1 835 Halyburton Memorial Parkway,Wilmington,NC 28412 Closest proximity of a County Park facility to the project location. 1132 S Seabreeze Road,Wilmington,NC 28409 In-Person Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 19 List of Changes and Modifications Made to the Proposal in Response to Issues and Concerns (if no modifications were made, please explain why) | Report Attachments All of the following items must be submitted as part of the required community information meeting report in addition to this form. Checklist Applicant Initial 0 A list of names and addresses of attendees CO A list of the names and addresses of invitees and copies of any returned mailings received to date O A copy of the mailed notice with all attachments O) Acopy of all materials distributed or presented at the meeting Acknowledgement and Signatures By my signature below, | hereby certify that written notice of the community information meeting as described above was mailed and/or personal delivery to property owners withing 500 feet of the subject site as set forth on the attached list, by first class mail on [DATE] - Acopy of the written notice is also attached. | also herby certify that the meeting summary and list of attendees is accurate and representative of the proceedings at the community information meeting. Signature of Applicant or Applicant’s Agent Print Name Date Page 2 of 2 Community Information Meeting Report — Approved 06-2022 In response to the attendee who expressed concerns regarding noise from the property to the south, the applicant has added a 6-foot opaque fence on the southern portion of the parcel. This fence will serve as a buffer and provide separation between the two properties. See Attachment D-3 See Attachment D-2 See Attachment D-1 No materials were distributed at themeeting. Only a large blow-up of theplan included in the notice was displayed. 4 4 4 MLW 4 July 16,2024 Madeline L.Williams July 31,2024 MLW MLW MLW Docusign Envelope ID: 99C9874D-1621-4AB5-A30F-A3AC6096EF98Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 20 Attachment D-1 List of Attendees Community Meeting Sign-In Sheet for Source Contracting, LLC re 1132 Seabreeze Rd Location: Veterans Park (835 Halyburton Memorial Parkway, Wilmington, NC 28412) at Picnic Shelter #1 Date/Time: Monday, July 29, 2024 at 5:30 P.M. Full Name Address E-Mail Address as Vila © ty N04 1) (O50 ical? @a | MSCANI AW (Cod pyr, 040) Spey, 27/64 Cgreail-OMm { | Séeh Wont S/F Oawsor SF i “thes sh SOMCE. COMES, 99 OY ND:4867-8048-1214, v. 1 Attachment D-1 List of Attendees Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 21 Community Meeting Sign-In Sheet for Source Contracting, LLC re 1132 Seabreeze Rd Location: Veterans Park (835 Halyburton Memorial Parkway, Wilmington, NC 28412) at Picnic Shelter #1 Date/Time: Monday, July 29, 2024 at 5:30 P.M. Full Name Address E-Mail Address Id? Racine Or GU 0d he UAllicaans mi wil Ams © Wii vada ud nj 2, Con | i = ‘o> <=. SeAhkices | i iS a A= af ‘ ans \ t cok} » ‘ VAL Sys ca (= SO we 8. C Chr~ beAD Sex {igre )22 Cut (4 De Be ware LEVLA) ‘A RA Mes Te- hy Cutz — ws P etre in 4 pas OF s+ be Clon CY J FERS tla fe wore fi gait, (efi Mh 1) LHe ff tL “6, Swhjieesr. [Pip he lb ny ly lo. ee aA i, Cdn, V VW Tt Yohes i WEG 5 NS Lon OY : y ff Ne car vad | te len A> feel < sA4 alt f Cr Ce) a JRC ORM Ce AM, Co ND:4867-8048-1214, v. 1 Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 22 Attachment D-2 List of Property Owners within 500' of Parcel No. R08519-001-002-000 Parcel Number Owner Owner Mailing Address R08500-004-010-004 Kenneth and Lisa Lovitt 6712 Finian Drive Wilmington, NC 28409 R08500-004-010-002 Cordelia Ann Hinnant ETAL 1011 Broad Avenue Greensboro, NC 27406 R08514-002-001-000 Cordelia Ann Hinnant ETAL 1011 Broad Avenue Greensboro, NC 27406 R08518-003-001-000 Melba Lockwood Revocable Living Trust 9524 Chastain Walk Drive Charlotte, NC 28216 R08518-003-002-000 BWW Holdings LLC 4498 Occoqun View Court Woodbridge, VA 22192 R08518-003-004-000 BWW Holdings LLC 1017 S Seabreeze Road Wilmington, NC 28409 R08514-002-002-000 Deborah Wright 2209 Saint Joan Place Accokeek, MD 20607 R08514-002-003-000 Shane and Annie Snow 806 Texas Avenue Carolina Beach, NC 28428 R08514-002-004-000 Shane and Annie Snow 806 Texas Avenue Carolina Beach, NC 28428 R08518-003-003-000 Shane and Annie Snow 806 Texas Avenue Carolina Beach, NC 28428 R08515-001-001-000 Donovan and Thelma Taylor 1144 Seabreeze Road Wilmington, NC 28409 R08515-001-002-000 Deborah Wright 2209 Saint Joan Place Accokeek, MD 20607 R08519-001-001-000 Deborah Wright 2209 Saint Joan Place Accokeek, MD 20607 R08519-001-004-000 Dinkins Family Living Trust 1017 Rosa Parks Lane Wilmington, NC 28409 R08519-001-007-000 Dinkins Family Living Trust 1017 Rosa Parks Lane Wilmington, NC 28409 R08519-001-008-000 Shirley Winner 8100 River Road Wilmington, NC 28412 Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 23 R08519-001-009-000 Walter Winner II 8100 River Road Wilmington, NC 28412 R08519-001-010-000 Blonie Williams Heirs 11565 Haas Avenue Hawthorne, CA 90250 R08519-001-006-000 William Freeman 924 Roscoe Freeman Avenue Wilmington, NC 28409 R08518-005-001-001 John and Carol Ford 1074 S Seabreeze Road Wilmington, NC 28409 R08518-005-005-000 Seabreeze Pier Owners Association 1054 S Seabreeze Road Wilmington, NC 28409 R08518-005-001-000 Catherine Scanlon 1068 S Seabreeze Road Wilmington, NC 28409 R08518-007-004-000 Steven and Katherine Tylee 1056 S Seabreeze Road Wilmington, NC 28409 R08518-007-003-000 Carl and Jossie Biggs 2225 Aryness Drive Vienna, VA 22181 R08518-005-002-000 Catherine Scanlon 1068 S Seabreeze Road Wilmington, NC 28409 R08518-004-001-000 BWW Holdings LLC 4498 Occoqun View Court Woodbridge, VA 22192 R08518-004-010-000 BWW Holdings LLC 4498 Occoqun View Court Woodbridge, VA 22192 R08518-004-009-000 Charles and Johanna Bryant 1008 S 11th Street Wilmington, NC 28401 R08518-004-002-000 Patrice Gilgan 1113 Elm Street Wilmington, NC 28409 R08518-004-008-000 Renee and Tanya Huggins 9524 Madison Creek Charlotte, NC 28216 R08518-004-009-001 Anthony and Monica Wilson 6114 Willowood Road Kannapolis, NC 28081 R08518-004-003-000 Seabreeze Storage Incorp. 934 S Seabreeze Road Wilmington, NC 28409 R08518-004-007-000 Terrilyn Celecia Phillips 809 Bluebird Lane Wilmington, NC 28409 R08518-004-004-000 Doley Enterprises LLC 2125 S 48th Street Suite 102 Tempe, AZ 85282 R08518-004-005-000 Hassonil Jones 2125 S 48th Street Suite 102 Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 24 Tempe, AZ 85282 R08518-004-006-000 Hassonil Jones 2125 S 48th Street Suite 102 Tempe, AZ 85282 R08518-002-002-000 Dinkins Family Living Trust 1017 Rosa Parks Lane Wilmington, NC 28409 R08518-002-001-000 Walter Winner II ETAL 8100 River Road Wilmington, NC 28412 R08514-003-001-000 Cordelia Hinnant ETAL 1011 Broad Avenue Greensboro, NC 27406 R08518-006-001-000 Carolina Seaside Properties LLC 1068 S. Seabreeze Road Wilmington, NC 28409 R08518-007-001-000 Raimomd and Kelly Struble 1054 S Seabreeze Road Wilmington, NC 28409 R08518-007-002-000 Charles and Johanna Bryant 1008 S 11th Street Wilmington, NC 28401 R08518-006-002-000 BWW Holdings LLC 4498 Occoqun View Court Woodbridge, VA 22192 R08518-006-003-000 BWW Holdings LLC 4498 Occoqun View Court Woodbridge, VA 22192 R08518-006-004-000 Rebecca Josey 59 Ramblewood Drive Newburgh, NY 12550 R08518-006-009-000 BWW Holdings LLC 4498 Occoqun View Court Woodbridge, VA 22192 R08518-006-005-000 Elton G Tucker Trustee 165 Shelter Wood Drive Burgaw, NC 28425 R08518-006-008-000 New Hanover County 230 Government Center Drive Wilmington, NC 28403 R08518-006-006-000 BWW Holdings LLC 4498 Occoqun View Court Woodbridge, VA 22192 R08518-006-007-000 Bobby Lee Pompey 5744 Taft Place Merrillville, IN 46410 R08518-001-011-000 Brandon and Jessica Welborn 1022 S Seabreeze Road Wilmington, NC 28409 R08518-001-012-000 Wilmington Beach Investment Corp. PO Box 410 Carolina Beach, NC 28428 R08518-001-022-000 Brandon and Jessica Welborn 1022 S Seabreeze Road Wilmington, NC 28409 Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 25 R08518-001-021-000 Christopher and Natalie Capone 1004 Seabreeze Road Wilmington, NC 28409 R08518-001-020-000 Christopher and Natalie Capone 1004 Seabreeze Road Wilmington, NC 28409 R08518-001-013-000 Nathan and Amanda Lingerfelt 1000 S Seabreeze Road Wilmington, NC 28409 Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 26 ~~ e l s o d sn _J M O Q ~ OI ~ (~ ~ Q. ~ C~ N G7 Q `~ N U Qp N ~ Q~ ~ _~ —~ ~ m LL ~~ o o C N d ~,L~IGH I`JC Z7'S .- - ~ M 0 rh N L c `~° o .~ CL ~ `~ 0 0 Q U ~ .~ ~ ~ u V y ~« : ~q ~ w p; ; O t\ h ~ 5 ri 0 0 N v z G C .~ O cc s F' ' rn ~ ~ ctt ~ ~ ~ CV ~ ~ N ~ ~ O ~ y y s •~ ~ ~ ~' o Q~ ~ n. ~ ~.. ic e : R" ~ [3 ~' 3 Ga m ` Q" r,1 r a. ~ rk l ~= ~ - ea ui ~ r~ ; e~ i a: ~~ 1n l ~, ~~ 31 ~ ~~ . ~ ' , ti d ~f f i ~ l ~- a' ~ .~ . ^' ~~ ~ a Cc : _8 !~ , 8$ t -~ r,~ UC I ..~ LL I ra t .- . . 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' €a ~" ~ ai C __ ~^ i :, 4 ; va ~' 4K t•s l _I h, 3 Q'1 nt ~ ~' a~ ~ '~ . . ~c . ~) Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 28 Attachment D-3 Copy of Mailed Notice with All Attachments WE WARDAND SMITH, PA. 127 Racine Drive P: 910.794.4800 University Corporate Center (28403) F: 910.794.4877 Post Office Box 7068 Wilmington, NC 28406-7068 Community Meeting Notice for Seabreeze Road 1132 S Seabreeze Road - Parcel No. RO8519-001-002-000 July 16, 2024. TO: Adjacent and Nearby Property Owners and Residents FROM: Source Contracting, LLC RE: Notice of Community Meeting Regarding Rezoning Dear Neighbors, This is a notice of a community meeting for all Adjacent and Nearby Property Owners in the proximity of the land located at 1132 S Seabreeze Road (Parcel ID No. RO8519-001-002-000) (the "Property"). The Property is owned by Source Contracting, LLC. Source Contracting, LLC is seeking to rezone the Property from its current zoning R-7 to B-2 Business District to allow for the permitted uses of contractor office and office for private business and professional activities. A conceptual plan showing the proposed office building is enclosed on Attachment A. As an adjacent property owner, we would like to invite you to a community meeting on July 29, 2024 at 5:30 P.M. located at Veterans Park (835 Halyburton Memorial Parkway, Wilmington, NC 28412) at Picnic Shelter #1. Directions to the picnic shelter and parking are set forth on Attachment B enclosed herein. At this meeting, we will discuss our Rezoning Request and address any questions you may have regarding the rezoning application. We look forward to meeting you, describing our plans for the Property in greater detail, and answering any questions you have about the project. If you are unable to attend the meeting but have questions or comments you would like for us to consider, please contact Seth Huntt via e-mail (sh.sourcecontracting@gmail.com) to share those thoughts. Attachment D-3 Copy of Mailed Notice with All Attachments Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 29 Attachment A Concept Plan & Sd Nea a a a | 3 z S _ el Sones 1° 0 AL 18x26" Proposed Office Building Alb UJ LU 1132 S Seabreeze Road North O° 10° 20° 40° New Hanover County, North Carolina Preliminary / Not For Construction - This site plan is a graphic representation and should be utilized for discussion purposes only. This site plan approximates existing conditions relating fo structures: ‘wetlands, roads, parking, and property Plan may change based upon regulatory and municipal reguiation and at the time of and or activity. Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 30 Attachment B Map to Veterans Park Go gle Maps Veterans Park - Picnic Shelter #1 Community Meeting re Seabreeze Road Pilots Ridge Rd "Pilots RidgelRd ~_ L. Heathcliftindl uot a 7 we a see a” 2 , Imagery ©2024 Airbus, Maxar Technologies, Map data ©2024 200ft Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 31 Attachment E Agent Authorization Form [See Attached] ND:4873-9160-5971, v. 1 Attachment E Agent Authorization Form [See Attached] ND:4873-9160-5971, v. 1 Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 32 | CM Ee EWE NEW HANOVER COUNTY ae Government Center Drive uite PLANNING & LAND USE Wilmington, NC 28403 910-798-7165 phone AUTHORITY FOR 910-798-7053 fax APPOINTMENT OF AGENT wie gov AT Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner’s behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Samuel B. Franck / Madeline C. Lipe Source Contracting, LLC 1132 S Seabreeze Rd Company Owner Name 2 City, State, Zip Ward and Smith, P.A. Wilmington, NC 28409 Address Address Parcel ID 127 Racine Drive City, State, Zip City, State, Zip Wilmington, NC 28403 Wilmington, NC 28409 Phone Phone (910) 794-4800 910-352-0440 315 Dawson Street R08519-001-002-000 Email sbf@wardandsmith.com mclipe @wardandsmith.com Application Tracking Information Case Number Reference: Email sh.sourcecontracting@gmail.com (Staff Only) Date/Time received: Received by: This document was willfully executed on the Source Contracting, LLC YELTA 21st June day of 24 , 20 Source Contracting, LLC By: Kyle Kelsay wner 1 Signature € <I. b / La vy Owner 2 Sidnature — 9 09/14 Wilmington,NC 28409 Email:shsourcecontracting@gmail.com Address: 315 Dawson Street Applicant: Source Contracting,LLC Storehouse Holdings,LLC and Source Contracting,LLC Storehouse Holdings,LLC and Source Contracting,LLC Storehouse Holdings,LLC Docusign Envelope ID: 1F67C0A3-404D-4ABA-BFB0-9D46C56D49F7 Planning Board - September 5, 2024 ITEM: 2 - 7 - 33 Concept Plan Planning Board - September 5, 2024 ITEM: 2 - 8 - 1 50" LO 15" LO 22" LO 40" LO 1 2 4 5 10 11 12 11415 111120 21 22 224 25 6 ( 7 % $ & . 10 0 & O ' 6 ( 7 % $ & . 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CZ D R E Z O N I N G S I T E P L A N CZD-1 0 1 2 4 1" 2 0 %: 6 %: 6 7* & 0 10 20 40 0 6&$L( 1" 20 *5$3+,& 6&$L(*5$3+,& 6&$L( 1$ ' 2 0 1 1 24 1 22 22 22 5 1 4 24 35O3O6(' 3('(675,$1 6,'(:$L. 35O3O6(' O3$48( )(1&( 24 3$5.,1* $5($ 7O %( &O16758&7(' :,7+ 3(59,O86 3$9(0(17 Planning Board - September 5, 2024 ITEM: 2 - 9 - 1 Public Comments In Support 0 Neutral 0 In Opposition 2 Planning Board - September 5, 2024 ITEM: 2 - 10 - 1 1 Dickerson, Zachary From:noreply@civicplus.com Sent:Monday, August 26, 2024 6:51 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; wbiddle@nhcgov.com; Doss, Amy; Dickerson, Zachary; lott@nhcgov.com Subject:Online Form Submission #13885 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Debbie Last Name McQuery Address PO box 16444 City Wilmington State NC Zip Code 28408 Email stanzas.setting-0w@icloud.com Please select the case for comment. PB Meeting - Z24-18 - Seabreeze Contractor Office What is the nature of your comment? Oppose project Public Comment This is a residential property with very limited ingress and egress. There will be a traffic problem at the stoplight on S Seabreeze causing severe problems especially in the event of a hurricane. Upload supporting files Planning Board - September 5, 2024 ITEM: 2 - 11 - 1 1 Dickerson, Zachary From:JOHN FORD <jmford139@msn.com> Sent:Friday, August 16, 2024 7:47 PM To:Dickerson, Zachary Subject:1132 S SEABREEZE RD ** External Email: Do not click links, open aƩachments, or reply unƟl you know it is safe ** We would like to see this lot that was just rezoned to residenƟal remain residenƟal, there is enough uncontrolled commercial junk at Seabreeze now. The businesses that have come to the waterfront in Seabreeze should really be in an industrial area like highway 421 N. This lot is zoned VE which I would think is the worst possible place to locate a business. Thanks John and Carol Ford 1074 S Seabreeze rd Planning Board - September 5, 2024 ITEM: 2 - 11 - 2 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 9/5/2024 Regular DEPARTMENT: Planning PRESENTER(S): Robert Farrell, Development Review Supervisor CONTACT(S): Robert Farrell; Rebekah Roth, Planning and Land Use Director SUBJECT: Public Hearing Rezoning Request (Z24-19) - Request by Cindee Wolf with Design Solu9ons, applicant, on behalf of Harry Wilson with H N Investments, LLC to rezone approximately 5.17 acres located at 308 Hermitage Road from the (CZD) CS, Condi9onal Commercial Services District to a new (CZD) CS District for the use of Wholesale Nursery and a limited list of prohibited uses. BRIEF SUMMARY: In April 2022, the Board of Commissioners approved a condi&onal rezoning for a 30.41-acre site at 308 and 312 Hermitage Road to develop the New Leaf Landing commercial business park. This project included 130,000 square feet of commercial flex space, an exis&ng wholesale nursery, and a shared stormwater pond. The applicant now seeks to amend the zoning by reloca&ng the nursery to the northwest corner of the site and removing a 5.17-acre parcel from the business park’s master plan. These changes require a new review by the Planning Board and Board of Commissioners. The revised plan proposes a 10,000 square foot office and warehouse building, parking, and a stormwater pond. The development would con&nue to permit most uses within the CS, Commercial Services district, except for certain civic, educa&onal, and food-related businesses. If approved, the nursery would have its own dis&nct (CZD) CS district, separate from the rest of New Leaf Landing. Since the business park has not yet been developed, removing the 5.17 acres will impact the future site design, which will require staff evalua&on to determine if it qualifies as a minor devia&on. If not, the en&re project will need to undergo a new rezoning process. An alterna&ve design for New Leaf Landing has not been proposed and future development of New Leaf Landing will need to be evaluated by staff to determine if the changes meet the criteria for a Minor Devia&on under Sec&on 10.3.3.C.7.b of the UDO. If the future site design is not determined to be a minor devia&on, the New Leaf Landing Business Park condi&onal rezoning will need to be approved by the Board of Commissioners through the rezoning public hearing process. It is es&mated the site would generate approximately 32 AM and 37 PM peak hour trips if developed under current zoning. The proposed (CZD) CS development is es&mated to generate 58 AM and 87 PM peak hour trips, increasing the number of peak hour trips by approximately 26 AM and 50 PM. The project is on a local road that currently has capacity. Castle Hayne Road at the Hermitage Road intersec&on also currently has capacity. A TIA for the New Leaf Landing business park was approved by the WMPO and NCDOT in 2021. The TIA required new turn lanes at the intersec&ons of Castle Hayne and Hermitage Road, and Castle Hayne and Crowatan Road. The project under considera&on requests to be removed from the New Leaf Landing business Planning Board - September 5, 2024 ITEM: 3 park and the TIA that applies to that project. In addi&on to the Wholesale Nursery, the applicant is proposing most of the other uses allowed in the CS district. The applicant has included a condi&on limi&ng the future uses to those that typically generate less traffic to reduce traffic impacts. The project has also received approval from NCDOT for the proposed driveway. If a TIA is required by a future use, it will require addi&onal review and approval by the Board of Commissioners. Addi&onally, a proposed Planned Development (PD) is also under considera&on in the area. The TIA for that project includes a new traffic signal and other improvements to Castle Hayne Road in the general vicinity of the site. The Comprehensive Plan designates this property as Employment Center which serves as an employment and produc&on hub where office and light industrial uses predominate. It can also include residen&al, civic, and recrea&onal uses, but should be clearly delineated from rural and conserva&on areas. Commercial uses designed to serve the needs of the employment center are appropriate. The proposed rezoning request is generally CONSISTENT with the 2016 Comprehensive Plan because the district provides an appropriate transi&on between the exis&ng industrial development to the east and lower intensity residen&al and agricultural development to the east. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff’s recommenda&on is based on the policy guidance of the 2016 Comprehensive Plan, zoning considera&ons, technical review. The subject parcel was included as part of the New Leaf Landing commercial business park condi&onal CS rezoning in 2022 which was found to be generally consistent with the 2016 Comprehensive Plan because the park would allow the types of commercial uses encouraged in the Employment Center place type. While the site remains generally consistent with the 2016 Comprehensive Plan and provides an appropriate transi&on between the exis&ng industrial development to the east and lower intensity residen&al and agricultural development to the east, the impacts to the remaining business park are not currently known. Staff would have preferred addi&onal coordina&on with the business park landowner to modify the TIA and rezoning of the en&re 30-acre business park site to fully analyze the overall site and any addi&onal poten&al impacts to the area. As a result, Staff recommends denial of the request and suggests the following mo&on: I move to recommend DENIAL the proposed rezoning. While I find it to be generally CONSISTENT with the purposes and intent of the Comprehensive Plan because the project allows the types of commercial uses encouraged in the Employment Center place type. I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the project may impact the future development of an approved commercial business park. Alterna9ve Mo9on for Approval (If based on informa&on presented at the public hearing or other considera&on beyond the scope of staff review, the board finds approval appropriate.) I move to recommend APPROVAL of the proposed rezoning. I find it to be generally CONSISTENT with the purposes and intent of the Comprehensive Plan because the project allows the types of commercial uses encouraged in the Employment Center place type. I find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the rezoning allows the reloca&on of an exis&ng business that would support the area’s transi&on into a service node. Proposed Condi9ons: 1. All uses in the CS district are permiEed except for the following uses and use categories listed in Table 4.2.1 Principal Planning Board - September 5, 2024 ITEM: 3 Use Table: -Civic -Educa&onal Services -Government Services -Heath Care Services -Food & Drink (including Bar / Nightclub) -Convenience Store -Food Market -Grocery Store -Pharmacy -Bank and / or Financial Ins&tu&on -Carwash -Commercial Recycling Facility, Large Collec&on, Small Collec&on, Processing, and Processing and Collec&on 2. Outdoor storage, except for plants, for the Wholesale Nursery and any future uses is restricted to the Rock & Mulch / Bulk Materials area as shown in the southeastern corner of the concept plan. ATTACHMENTS: Descrip&on Z24-19 PB Script Z24-19 PB Staff Report Z24-19 Zoning Map Z24-19 Future Land Use Map Z24-19 Mailout Map Z24-19 Application Cover Sheet Z24-19 Application Z24-19 List of Permitted Uses Z24-19 Concept Plan Cover Sheet Z24-19 Concept Plan Z24-19 Public Comment COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - September 5, 2024 ITEM: 3 PLANNING BOARD SCRIPT for Zoning Map Amendment Application (Z24-19) Request by Cindee Wolf with Design Solutions, applicant, on behalf of Harry Wilson with H N Investments, LLC to rezone approximately 5.17 acres located at 308 Hermitage Road from the (CZD) CS, Conditional Commercial Services District to a new (CZD) CS District for the use of Wholesale Nursery and a limited list of prohibited uses. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’s and supporters’ presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s and supporters’ rebuttal (up to 5 minutes) e. Opponent’s rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with a motion and vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition, request a continuance, or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to recommend DENIAL the proposed rezoning. While I find it to be generally CONSISTENT with the purposes and intent of the Comprehensive Plan because the project allows the types of commercial uses encouraged in the Employment Center place type. I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the project may impact the future development of an approved commercial business park. Planning Board - September 5, 2024 ITEM: 3 - 1 - 1 Alternative Motion for Approval (If based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds approval appropriate.) I move to recommend APPROVAL of the proposed rezoning. I find it to be generally CONSISTENT with the purposes and intent of the Comprehensive Plan because the project allows the types of commercial uses encouraged in the Employment Center place type. I find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the rezoning allows the relocation of an existing business that would support the area’s transition into a service node. Proposed Conditions: 1. All uses in the CS district are permitted except for the following uses and use categories listed in Table 4.2.1 Principal Use Table: o Civic o Educational Services o Government Services o Heath Care Services o Food & Drink (including Bar / Nightclub) o Convenience Store o Food Market o Grocery Store o Pharmacy o Bank and / or Financial Institution o Carwash o Commercial Recycling Facility, Large Collection, Small Collection, Processing, and Processing and Collection 2. Outdoor storage, except for plants, for the Wholesale Nursery and any future uses is restricted to the Rock & Mulch / Bulk Materials area as shown in the southeastern corner of the concept plan. Alternative Motion for Approval/Denial: I move to RECOMMEND [Approval/Denial] of the proposed rezoning to a (CZD) CS district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ I also find RECOMMENDING [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ Planning Board - September 5, 2024 ITEM: 3 - 1 - 2 Z24-19 Staff Report PB 9.5.2024 Page 1 of 16 STAFF REPORT FOR Z24-19 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z24-19 Request: Rezoning to a Conditional CS district Applicant: Property Owner(s): Cindee Wolf with Design Solutions Harry Wilson with H N Investments, LLC Location: Acreage: 308 Hermitage Road 5.63 PID(s): Comp Plan Place Type: R02500-002-034-000 Employment Center Existing Land Use: Proposed Land Use: Undeveloped Wholesale Nursery and Other Limited Uses Current Zoning: Proposed Zoning: (CZD) CS, Commercial Services (CZD) CS, Commercial Services SURROUNDING AREA LAND USE ZONING North Single-Family Residential and Wooded Land R-20 East Undeveloped Land and Mixed Industrial Uses (CZD) CS & I-1 South Existing Wholesale Nursery and Undeveloped Land (CZD) CS & B-2 West NC State Horticultural Crops Research Station R-20 Planning Board - September 5, 2024 ITEM: 3 - 2 - 1 Z24-19 Staff Report PB 9.5.2024 Page 2 of 16 ZONING HISTORY July 1, 1985 Initially zoned R-20 (Area Castle Hayne) April 4, 2022 Z22-06 rezoned 30.41 acres for a flex space business park and existing nursery COMMUNITY SERVICES Water/Sewer Public water is available through CFPUA. Public sewer is not available in the area. The project proposes a private septic system which must be reviewed and approved by New Hanover County Environmental Health. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Castle Hayne Fire Station Schools Laney High School, Holly Shelter Middle School, Castle Hayne Elementary School Recreation Northern Regional Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Planning Board - September 5, 2024 ITEM: 3 - 2 - 2 Z24-19 Staff Report PB 9.5.2024 Page 3 of 16 CURRENT APPROVED CONCEPTUAL PLAN Includes Staff Markups • April 4, 2022 the Board of Commissioners approved a 30.41 acre conditional rezoning at 308 and 312 Hermitage Road for the New Leaf Landing commercial business park. The approved rezoning included 130,000 square feet of commercial flex space in addition to an existing wholesale nursery operation. • The project consisted of 11 flex commercial buildings, the existing nursery at the rear of the site, and a shared stormwater pond along the western property line. • The approved (CZD) CS district allowed all uses permitted in the CS district such as indoor recreation, business service center, contractor office, general retail, and warehousing. • The site included two points of access onto Hermitage Road which were approved as part of a Traffic Impact Analysis (TIA) for the project. Existing Nursery Septic Proposed Nursery Relocation Flex Space Septic St o r m w a t e r Stormwater Planning Board - September 5, 2024 ITEM: 3 - 2 - 3 Z24-19 Staff Report PB 9.5.2024 Page 4 of 16 • Public sewer is not available in the area and the approved concept plan included multiple septic areas to support the development. • The project has not begun construction and no improvements have been made to the property since the rezoning approval in 2022. • The area outlined in Blue on the approved concept plan above is the area under consideration for the current rezoning request. APPLICANT’S PROPOSED CONCEPTUAL PLAN Includes Staff Markups Hermitage Road Ex i s t i n g P r i v a t e D r i v e Septic Stormwater Office and Warehouse Outdoor Bulk Storage Outdoor Plant Storage Outdoor Plant Storage Pr o p o s e d P r i v a t e D r i v e Planning Board - September 5, 2024 ITEM: 3 - 2 - 4 Z24-19 Staff Report PB 9.5.2024 Page 5 of 16 • The proposed rezoning shifts the location of the nursery from the southern portion of the site to the northwestern portion of the site and proposes to remove the 5.17-acre parcel from the master plan for the business park. • Due to the proposed changes to the site design, access, stormwater, and the applicant’s request to remove the parcel from the master plan for the business park, the current rezoning request is required to be reviewed by the Planning Board and Board of Commissioners through the rezoning process. • The use of wholesale nursery is permitted in both the R-20 and the CS zoning districts. The existing wholesale nursery has been operating from the property since 2021. • The applicant subdivided 5.17 acres from the northwestern corner of the 30.41-acre commercial park in 2023. • The proposed concept plan for the wholesale nursery includes a 10,000 square foot office and warehouse building with associated parking and a stormwater pond in the northwest corner of the site. • The site will be accessed by a new separate full access driveway onto Hermitage Road and does not propose access to the New Leaf Landing project. • An outdoor storage area for rock, mulch and bulk materials is on the southeastern side of the site away from Hermitage Road and adjacent to the existing private drive for the New Leaf Landing project. A condition has been included guaranteeing the location of outdoor storage is limited to the area shown on the concept plan for the Wholesale Nursery and any other future use. • Plant storage areas for the Wholesale Nursery are located on the north and western sides of the property and provide additional visual and spatial buffers to Hermitage Road and the neighboring NC State Horticultural Crops Research Station. If developed for a different use in the future, a transitional buffer will be required along the western property line. • In addition to the wholesale nursery use, the project proposes allowing most uses within the CS district. A condition has been included prohibiting the following uses and use categories listed in Table 4.2.1 Principal Use Table: o Civic o Educational Services o Government Services o Heath Care Services o Food & Drink (including Bar / Nightclub) o Convenience Store o Food Market o Grocery Store o Pharmacy o Bank and / or Financial Institution o Carwash o Commercial Recycling Facility, Large Collection, Small Collection, Processing, and Processing and Collection Planning Board - September 5, 2024 ITEM: 3 - 2 - 5 Z24-19 Staff Report PB 9.5.2024 Page 6 of 16 ZONING CONSIDERATIONS • In April 2022 the parcel was rezoned as part of a 30.41-acre (CZD) CS rezoning for a commercial park that also included an existing wholesale nursery operation. • The CS district was established to accommodate a mixture of light manufacturing, wholesale, storage, commercial service and repair, and distributive business type uses. It functions as a support district to nearby industrial and commercial uses. The district is designed to act as a transitional land use between intensive industrial and commercial development and less intensive commercial, office, and institutional uses. • If approved, the proposed (CZD) CS district for the nursery would be a separate district distinct from the (CZD) CS district that applies to the New Leaf Landing project. • Because the New Leaf Landing Business Park has not been developed, removal of the 5.17 acres from the business park site will impact the future site design of the park. • An alternative site design for New Leaf Landing has not been proposed and future development of New Leaf Landing will need to be evaluated by staff to determine if the changes meet the criteria for a Minor Deviation under Section 10.3.3.C.7.b of the UDO. If the future site design is not determined to be a minor deviation, the New Leaf Landing Business Park conditional rezoning will need to be approved by the Board of Commissioners through the rezoning public hearing process. • The use of Wholesale Nursery is classified in Table 4.2.1 Principal Use Table as an agricultural use. Agricultural uses are not required to provide transitional buffers when they are adjacent to commercial or residential zoning districts. • A Type A opaque buffer would be required along the western property line for any future commercial or industrial use. The buffer requirement would be determined by staff through the Change of Use permit review process. • While transitional buffers are not required for the wholesale nursery, the project provides areas for outdoor storage of trees and other plants along the property lines that could serve a similar function as a landscaped buffer. • The site will also be subject to the parking lot and street landscaping requirements of Section 5.4 of the UDO. • The UDO contains controls on exterior lighting on the site. The maximum illumination levels at the common property line with the residential properties to the west shall not exceed 0.5- foot candles and 1.0-foot candles at the northern property line adjacent to the religious institution. • If approved, the project would be subject to Technical Review Committee (TRC) and zoning compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. Planning Board - September 5, 2024 ITEM: 3 - 2 - 6 Z24-19 Staff Report PB 9.5.2024 Page 7 of 16 AREA DEVELOPMENTS Planning Board - September 5, 2024 ITEM: 3 - 2 - 7 Z24-19 Staff Report PB 9.5.2024 Page 8 of 16 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning 21,000 square feet of the 130,000 square foot New Leaf Landing business park PROPOSED ACCESS Primary Access Hermitage Road EXISTING ROADWAY CHARACTERISTICS Affected Roadway Hermitage Road Castle Hayne Road Type of Roadway NCDOT secondary road NCDOT minor arterial Roadway Planning Capacity (AADT) 4,000 15,549 Planning Board - September 5, 2024 ITEM: 3 - 2 - 8 Z24-19 Staff Report PB 9.5.2024 Page 9 of 16 Latest Traffic Volume (AADT) 4,000 12,500 Latest WMPO Point-in-Time Count (DT) 37,645 Castle Hayne Road between Sondey and Crowatan Roads – 11,998 Current Level of Congestion Available Capacity Available capacity Sources Source of Planning Capacity: WMPO Source of Latest Traffic Volume: NCDOT (2023) Source of WMPO Point-in-Time County: WMPO (2023) NEARBY NCDOT STIP ROADAWAY PROJECTS No Nearby STIP Projects TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Vehicle Service Station, Minor – The Highest Traffic Generating Use Under Proposed Designation Potential Impact of Proposed Designation AM Peak Hour Trips 32 58 +26 PM Peak Hour Trips 37 87 +50 Assumptions Typical Development with Existing Conditions – 21,000 sq ft of business park Proposed Development – 10,000 sq ft office and warehouse for an approximately 5-acre wholesale nursery. Future uses limited to those that do not trigger the ordinance requirement for a TIA. Sources Source of Trip Generation: ITE Trip Generation Manual, 11th Ed. TRAFFIC IMPACT ANALYSIS (TIA) The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). SUMMARY The project is on a local road that currently has capacity. Castle Hayne Road at the Hermitage Road intersection also currently has capacity. A TIA for the New Leaf Landing business park was approved by the WMPO and NCDOT in 2021. The TIA required new turn lanes at the intersections of Castle Hayne and Hermitage Road, and Castle Hayne and Crowatan Road. The project under consideration requests to be removed from the New Leaf Landing business park and the TIA that applies to that project. In addition to the Wholesale Nursery, the applicant is proposing most of the other uses allowed in the CS district. The applicant has included a condition limiting the future uses to those that typically generate less traffic to reduce traffic impacts. The project has also received approval from NCDOT for the proposed driveway. If a TIA is required by a future use, it will require additional review and approval by the Board of Commissioners. Additionally, a proposed Planned Development (PD) is also under consideration in the area. The TIA for that project includes a new traffic signal and other improvements to Castle Hayne Road in the general vicinity of the site. Planning Board - September 5, 2024 ITEM: 3 - 2 - 9 Z24-19 Staff Report PB 9.5.2024 Page 10 of 16 ENVIRONMENTAL • The property is not within a Natural Heritage Area or the Special Flood Hazard Area. • The property is within the Prince George Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (Moderate Limitation) and Class III (Severe Limitation) soils. The proposed septic system must be reviewed and approved by New Hanover County Environmental Health. OTHER CONSIDERATIONS New Hanover County Strategic Plan On July 17, 2023, the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024- 2028. This plan focuses on three core areas: workforce and economic development, community safety and well-being, and sustainable land use and environmental stewardship. Strategic Plan Outcomes Relevant to Proposal Analysis A business-friendly environment that promotes growth, agility, and collaboration. The plan aims to prepare for the long-term needs of businesses and to maintain new business growth within 2.5% of the state. The proposed commercial zoning district will enable the expansion of an existing business. Planning Board - September 5, 2024 ITEM: 3 - 2 - 10 Z24-19 Staff Report PB 9.5.2024 Page 11 of 16 Representative Developments Representative Developments of Flex Commercial: Exchange Drive Old Wrightsboro Industrial Park Planning Board - September 5, 2024 ITEM: 3 - 2 - 11 Z24-19 Staff Report PB 9.5.2024 Page 12 of 16 Representative Developments of Wholesale & Retail Nursery: Tinga Nursery – Castle Hayne Road Five Oaks Nursery – Old Winter Park Road Planning Board - September 5, 2024 ITEM: 3 - 2 - 12 Z24-19 Staff Report PB 9.5.2024 Page 13 of 16 Context and Compatibility • The subject parcel was included as part of the New Leaf Landing commercial business park conditional CS rezoning in 2022 which was found to be generally consistent with the 2016 Comprehensive Plan because the park would allow the types of commercial uses encouraged in the Employment Center place type. The existing CZD CS was also found to provide an appropriate transition between the existing industrial development to the east and lower intensity residential and agricultural development to the west. • The proposed rezoning shifts the location of the nursery from the southern portion of the site to the northern portion of the site and establishes a new driveway access for the nursery and a reduced set of potential future uses allowed in the CS district. • The proposed rezoning will result in changes to the currently approved business park. The developer of the business park will be required to address the removal of the project site and re-design all or a portion of the business park. As that re-design has not been done, staff is unable to provide an analysis of whether the site would be required to obtain any additional rezoning approvals before development may begin. • The property and the existing nursery are both adjacent to the NC State Horticultural Crops Research Station. The station engages in agricultural research through growing plants including different types of crops and ornamental flowering plants, trees, and grasses used in landscaping and other nursery products. • Due to the lack of public sewer, residential development in the Castle Hayne area has remained predominately low density. However, the area’s location between Holly Shelter Road and the I-40 interchange to the north and the Castle Hayne Road and I-140 interchange to the south has led to increased commercial and industrial activity in the Castle Hayne Road corridor. • Nearby rezoning approvals include a (CZD) CS district rezoning immediately north of the intersection of Castle Hayne Road and Hermitage Road, and an application for a mixed use Planned Development southwest of the I-140 interchange. • Continued interest in commercial development in the vicinity of the I-140 corridor and proximity to the GE campus indicates the general area may transition into a future service node. 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Planning Board - September 5, 2024 ITEM: 3 - 2 - 13 Z24-19 Staff Report PB 9.5.2024 Page 14 of 16 Future Land Use Map Place Type Employment Center Place Type Description Serves as an employment and production hub where office and light industrial uses predominate. It can also include residential, civic, and recreational uses, but should be clearly delineated from rural and conservation areas. Commercial uses designed to serve the needs of the employment center are appropriate. Analysis The Comprehensive Plan designates this property as Employment Center, a land use classification that promotes office, industrial, commercial, and retail development. The Comprehensive Plan also specifically designates the Hermitage Road area, along with Dutch Square and Northchase as areas applicable for the place type. The area’s location between Holly Shelter Road and the I-40 interchange to the north and the Castle Hayne Road and I-140 interchange to the south has led to increased commercial and industrial activity in the Castle Hayne Road corridor. Continued interest in commercial development in the vicinity of the I-140 corridor and proximity to the GE campus indicates the general area will likely transition into a future service node. Both the CS district and the Employment Center place type are designed to foster economic growth, provide job opportunities, and ensure development is compatible with surrounding areas and infrastructure. Consistency Recommendation The proposed rezoning request is generally CONSISTENT with the 2016 Comprehensive Plan because the district provides an appropriate transition between the existing industrial development to the east and lower intensity residential and agricultural development to the east. Planning Board - September 5, 2024 ITEM: 3 - 2 - 14 Z24-19 Staff Report PB 9.5.2024 Page 15 of 16 STAFF RECOMMENDATION Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, technical review. The subject parcel was included as part of the New Leaf Landing commercial business park conditional CS rezoning in 2022 which was found to be generally consistent with the 2016 Comprehensive Plan because the park would allow the types of commercial uses encouraged in the Employment Center place type. While the site remains generally consistent with the 2016 Comprehensive Plan and provides an appropriate transition between the existing industrial development to the east and lower intensity residential and agricultural development to the east., the impacts to the remaining business park are not known currently. Staff would have preferred additional coordination with the business park landowner to modify the TIA and rezoning of the entire 30-acre business park site to fully analyze the overall site and any additional potential impacts to the area. As a result, Staff recommends denial of the request and suggests the following motion: I move to recommend DENIAL the proposed rezoning. While I find it to be generally CONSISTENT with the purposes and intent of the Comprehensive Plan because the project allows the types of commercial uses encouraged in the Employment Center place type. I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the project may impact the future development of an approved commercial business park. Alternative Motion for Approval (If based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds approval appropriate.) I move to recommend APPROVAL of the proposed rezoning. I find it to be generally CONSISTENT with the purposes and intent of the Comprehensive Plan because the project allows the types of commercial uses encouraged in the Employment Center place type. I find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the rezoning allows the relocation of an existing business that would support the area’s transition into a service node. Proposed Conditions: 1. All uses in the CS district are permitted except for the following uses and use categories listed in Table 4.2.1 Principal Use Table: o Civic o Educational Services o Government Services o Heath Care Services o Food & Drink (including Bar / Nightclub) o Convenience Store o Food Market o Grocery Store o Pharmacy o Bank and / or Financial Institution o Carwash Planning Board - September 5, 2024 ITEM: 3 - 2 - 15 Z24-19 Staff Report PB 9.5.2024 Page 16 of 16 o Commercial Recycling Facility, Large Collection, Small Collection, Processing, and Processing and Collection 2. Outdoor storage, except for plants, for the Wholesale Nursery and any future uses is restricted to the Rock & Mulch / Bulk Materials area as shown in the southeastern corner of the concept plan. Planning Board - September 5, 2024 ITEM: 3 - 2 - 16 Planning Board - September 5, 2024 ITEM: 3 - 3 - 1 Planning Board - September 5, 2024 ITEM: 3 - 4 - 1 Planning Board - September 5, 2024 ITEM: 3 - 5 - 1 Initial Application Documents & Materials Planning Board - September 5, 2024 ITEM: 3 - 6 - 1 Page 1 of 7 Conditional Zoning District Application – Updated 06-2023 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 nhcgov.com/528/Planning-Land-Use CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county’s online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. Public Hearing Procedures (Optional) Pre-Application Conference 1 Community Information Meeting 2 Application Submittal & Acceptance 3 Planning Director Review & Staff Report (TRC Optional) 4 Public Hearing Scheduling & Notification 5 Planning Board Hearing & Recom-mendation 6 Board of Commissioners Hearing & Decision 7 Post-Decision Limitations and Actions 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email Cindee Wolf Design Solutions P.O. Box 7221 Wilmington, NC 28406 910-620-2374 cwolf@lobodemar.biz Harry N. Wilson H N Investments, L.L.C. P.O. Box 105 Wilsons Mills, NC 27593 919-524-7450 hwilson@southernoaknursery.com Planning Board - September 5, 2024 ITEM: 3 - 7 - 1 Page 2 of 7 Conditional Zoning District Application – Updated 06-2023 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: Total Acreage of Proposed District: Maximum Residential Density (if applicable) Maximum Non-Residential Square Footage (if applicable) Please list all of the specific uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. 308 Hermitage Road / SR 1333 322120.80.2125 [R02500-002-034-000] 5.173 ac. (225,314.s.f.) (CZD) CS / Vacant Employment Center (CZD) CS 5.173 ac. 10,000 s.f. N/A Planning Board - September 5, 2024 ITEM: 3 - 7 - 2 Page 3 of 7 Conditional Zoning District Application – Updated 06-2023 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. Note: It is recommended that traffic generation numbers be reviewed by the WMPO prior to application to ensure that the most appropriate ITE land use code is identified and most recent generation rates have been applied. If numbers are verified, please attach a copy of the verification. If numbers have not been verified and the submitted generation numbers must be adjusted, this may result in the application being ineligible to move forward to the intended Planning Board agenda. ITE Land Use(s): Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: PM Peak Hour Trips: Wholesale Nursery (ITE - 818) 2 3 Calculated by "Employees" at 6 Reference the attached "Concept Plan" for site layout, proposed improvements and details. Planning Board - September 5, 2024 ITEM: 3 - 7 - 3 Page 4 of 7 Conditional Zoning District Application – Updated 06-2023 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at-large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County’s policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. 2. How would the requested Conditional Zoning district be consistent with the property’s classification on the 2016 Comprehensive Plan’s Future Land Use Map. Planning Board - September 5, 2024 ITEM: 3 - 7 - 4 Page 5 of 7 Conditional Zoning District Application – Updated 06-2023 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Planning Board - September 5, 2024 ITEM: 3 - 7 - 5 Page 6 of 7 Conditional Zoning District Application – Updated 06-2023 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as “N/A”. Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial This application form, completed and signed (all property owners must sign signatory page) Application fee: • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review Community Information Meeting Report (complete and signed by agent or all property owners) Traffic Impact Analysis if applicable (use of attached report document is recommended) • The official TIA approval letter is recommended prior to this item being placed on the Planning Board meeting agenda. The Planning Board may choose to continue the hearing until the official TIA approval letter is provided. • The official TIA approval letter is required prior to this item being placed on the Board of Commissioners meeting agenda. Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning Conceptual Plan including the following minimum elements [Note: If elements beyond the minimum requirements are shown on the concept plan they may be considered conditions of approval if not eligible for approval as minor deviations]: Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, building areas and other improvements o For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. o For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. • Proposed transportation and parking improvements; including proposed rights-of- way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights-of-way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance CAW CAW CAW N/A CAW CAW Planning Board - September 5, 2024 ITEM: 3 - 7 - 6 Planning Board - September 5, 2024 ITEM: 3 - 7 - 7 Planning Board - September 5, 2024 ITEM: 3 - 7 - 8 Planning Board - September 5, 2024 ITEM: 3 - 7 - 9 Legal DescripƟon for CondiƟonal District Rezoning of 308 Hermitage Road Beginning at a point in the southern boundary of Hermitage Road (S.R. 1333), a 60’ public right- of-way; said point being at the northwesternmost corner of a lot created by division on a plat recorded among the land records of the New Hanover County Registry in Map Book 74, at Page 31; and running thence from the point of beginning with the Hermitage Road right-of-way: South 88006’34” East, 457.68 feet to a point; thence South 00030’48” East, 471.35 feet to a point; thence South 84013’05” West, 442.86 feet to a point; thence North 02016’13” West, 531.47 feet to the point and place of beginning, containing 225,232 square feet, or 5.17 acres, more or less. Planning Board - September 5, 2024 ITEM: 3 - 7 - 10 Planning Board - September 5, 2024 ITEM: 3 - 7 - 11 Page 1 of 2 Community Information Meeting Report – Approved 06-2022 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 Nhcgov.com/528/Planning-Land-Use COMMUNITY INFORMATION MEETING REPORT This Community Information Meeting Report must be submitted with the application for a conditional rezoning, planned development, or intensive industry special use permit in order for the application to be deemed complete. Address/Location Parcel Identification Number(s) Meeting Date and Time Format (Virtual, In-Person, Hybrid) Location if In-Person or Hybrid Selection Criteria for Location Meeting Summary Issues and Concerns Discussed at Meeting 308 Hermitage Road / SR 1333 322120.80.2125 [R02500-002-034-000] Tuesday, July 30, 2024 / 6:00 p.m. In-person w/ availability for Call-in or Email contact Project site - 308 Hermitage RoadSouthern Oak Nursery Office Actual Project Location See attached Sign-in List. No one attended other than Agent & Owner. Planning Board - September 5, 2024 ITEM: 3 - 7 - 12 Community Information Meeting 308 Hermitage Road Date: Tuesday, July 30, 2024 Name Address Email (Optional) Harry Wilson Owner / Developer hwilson@southernoak.com Cindee Wolf Project Planner cwolf@lobodemar.biz Planning Board - September 5, 2024 ITEM: 3 - 7 - 13 Page 2 of 2 Community Information Meeting Report – Approved 06-2022 List of Changes and Modifications Made to the Proposal in Response to Issues and Concerns (if no modifications were made, please explain why) Report Attachments All of the following items must be submitted as part of the required community information meeting report in addition to this form. Checklist Applicant Initial A list of names and addresses of attendees A list of the names and addresses of invitees and copies of any returned mailings received to date A copy of the mailed notice with all attachments A copy of all materials distributed or presented at the meeting Acknowledgement and Signatures By my signature below, I hereby certify that written notice of the community information meeting as described above was mailed and/or personal delivery to property owners withing 500 feet of the subject site as set forth on the attached list, by first class mail on [DATE] _____________________________. A copy of the written notice is also attached. I also herby certify that the meeting summary and list of attendees is accurate and representative of the proceedings at the community information meeting. Signature of Applicant or Applicant’s Agent Print Name Date CAW CAW CAW CAW Cynthia Wolf - Design Solutions August 1, 2024 July 19, 2024 None Planning Board - September 5, 2024 ITEM: 3 - 7 - 14 Planning Board - September 5, 2024 ITEM: 3 - 7 - 15 PROPERTIES WITHIN A 500' PERIMETER OF 308 & 312 HERMITAGE ROAD: SUBJECT PROPERTY OWNER H N INVESTMENTS LLC PO BOX 105 WILSONS MILLS NC 27593 ADJACENT OWNERS ADDRESS CITY / STATE / ZIP 325 HERMITAGE LLC PO BOX 1623 WRIGHTSVILLE BEACH NC 28480 CHADWICK CHERYL M SMITH 7111 ENGLISH LNDG WILMINGTON NC 28409 DEGIFFARDE CLAUDIO GWENDOLYN 307 HERMITAGE RD CASTLE HAYNE NC 28429 FAST TRACTS WILMINGTON LLC 10808 GRASSY CREEK PL RALEIGH NC 27614 GALE FORCE INVESTMENTS LLC 126 INLET DR WILMINGTON NC 28411 GENERAL ELECTRIC CO PO BOX 4900 SCOTTSDALE AZ 85261 HOWARD JULIUS F 1211 MOXIE WAY WILMINGTON NC 28412 HOWARD KAYLA ETAL 526 TURNER WAY HAMPSTEAD NC 28443 KG PLAZA LLC 8620 RIVER RD WILMINGTON NC 28412 LONG FAMILY PROPERTIES V 7931 GRENEZAY RD WILMINGTON NC 28401 LONG FAMILY PROPERTIES V 312 CROWATAN RD CASTLE HAYNE NC 28429 NORTH CAROLINA STATE UNIV 3800 CASTLE HAYNE RD CASTLE HAYNE NC 28429 PIPER WILLIAM T 413 CLARENDON AVE CAROLINA BEACH NC 28428 RCJ HOLDINGS LLC 311 HERMITAGE RD CASTLE HAYNE NC 28429 SACCENTE FRANK 321 W ISLIP BLVD WEST ISLIP NY 11795 SAIA MOTOR FREIGHT LINE LLC 11465 JOHNS CREEK PKWY JOHNS CREEK 30097 Planning Board - September 5, 2024 ITEM: 3 - 7 - 16 July 19, 2024 To: Adjacent Property Owners This is a notice of a community information meeting. An upcoming zoning request will be made on behalf of Southern Oak Nursery & Supply, for the property located at 308 Hermitage Road. This lot was a part of a larger conditional district, created in 2022, for a business park which has not yet been developed. The zoning change would simply substitute the attached plan into the Northwestern quadrant of the overall tract, and adjust the remaining site layout accordingly. The subject lot is approximately 5.2 acres. Your property is located in the proximity, within a 500’ perimeter of the outer boundary of the original project area. Conditional Zoning District in New Hanover County allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project & rezoning petition. Essentially, this means that only the specific use(s) and the proposed site improvements of an approved petition can be developed. The meeting is an opportunity for further explanation of the proposal, and for questions to be answered concerning project improvements, benefits and impacts. It will be held on Tuesday, July 30th, 6:00 p.m., in the office trailer of the current nursery – located at the rear of the tract, addressed 312 Hermitage Road. If you cannot attend, you are welcome to contact Cindee Wolf at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We look forward to your interest, continuing being a good neighbor, and being an asset to the community. Planning Board - September 5, 2024 ITEM: 3 - 7 - 17 Planning Board - September 5, 2024 ITEM: 3 - 7 - 18 Z24-19 List of Permitted Uses *Indicates use-specific standards are required By-Right Agricultural Uses • Agricultural and Forestry Uses, General • Wholesale Nursery Residential • Live / Work or Caretaker Unit* Communication and Information Facilities • Amateur Radio Antennas (up to 90 ft.)* • Antenna & Towers less than 70 ft. in Height & Ancillary to the Principal Use* • Collocation, Wireless* • Non-Substantial Modification* • Other Wireless Communication Facilities including Wireless Support Structures & Substantial Modifications* Recreation, Parks, and Open Space • Community Garden • Park and Recreation Area Transportation • Bus and Taxi Terminal • Marina, Commercial • Railroad Freight Depot • Railroad Passenger Terminal • Water Transportation Facilities Utilities • Electric Substation • Utility Lines, Structures, and /or Facilities; General Planning Board - September 5, 2024 ITEM: 3 - 8 - 1 Commercial Uses • Electronic Gaming Operation* • Event Center • Indoor Recreation Establishment • Outdoor Recreation Establishment Animal Services • Animal Grooming Service • Kennel • Veterinary Service Commercial Services • Business Service Center • Commercial Parking Lot or Facility • Funeral Service • Mini-Warehouse / Self-Storage • Repair Shop Office • Contractor Office • Offices for Private Business and Professional Activities Personal Services • Dry Cleaning / Laundry Plant • Instructional Services and Studios • Personal Services, General Retail Sales • Auction House • Oil or Gas Dealer, Retail • Retail Nursery • Retail Sales, Building and Construction Supplies • Retail Sales, General Vehicle & Equipment Sales & Services • Boat Dealer • Equipment Rental and Leasing • Farm Implement Sales Planning Board - September 5, 2024 ITEM: 3 - 8 - 2 • Fuel Sales* • Mobile Home and Prefab Building Sales • Vehicle Rentals • Vehicle Sales • Vehicle Service Station, Large Vehicles • Vehicle Service Station, Minor • Vehicle Service Station, Major • Vehicle Towing Service and Storage Yard Industrial Uses Design & Technology Services • Broadcasting and Production Studio • Data Center • Research and Development Facility Industry & Manufacturing • Artisan Manufacturing Food Manufacturing • Sugar and Confectionary Product Manufacturing Apparel Manufacturing • Apparel Accessories and Other Apparel Manufacturing • Cut and Sew Apparel Manufacturing Leather and Allied Product Manufacturing • Footwear Manufacturing • Other Leather and Allied Product Manufacturing Machinery Manufacturing • Commercial and Service Industry Machinery Manufacturing • Engine, Turbine, and Power Transmission Equipment Manufacturing • Industrial Machinery Manufacturing • Other General Purpose Machinery Manufacturing Computer and Electronic Product Manufacturing • Navigational, Measuring, Electromedical, and Control Instruments Manufacturing Planning Board - September 5, 2024 ITEM: 3 - 8 - 3 Electrical Equipment, Appliance, and Component Manufacturing • Electric Lighting Equipment Manufacturing • Other Electrical Equipment and Component Manufacturing Furniture and Related Product Manufacturing • Medical Equipment and Supplies Manufacturing • Other Miscellaneous Manufacturing Warehousing, Storage, & Wholesale Sales and Distribution • Dry Stack Boat Storage Facility, Stand-Alone • Motor Freight Transportation Warehousing • Recreational Vehicle and Boat Trailer Storage Lot* • Warehousing* • Wholesaling* Special Use Group Living • Group Home* Vehicle & Equipment Sales & Services • Transportation Vehicle Service and Storage Facility Food Manufacturing • Animal Food Manufacturing • Bakeries and Tortilla Manufacturing • Dairy Product Manufacturing • Fruit and Vegetable Preserving and Specialty Food Manufacturing • Grain and Oilseed Manufacturing • Other Food Manufacturing • Seafood Product Preparation and Packaging Beverage and Tobacco Product Manufacturing • Beverage Manufacturing Planning Board - September 5, 2024 ITEM: 3 - 8 - 4 Textile Product Mills • Other Textile Product Mills • Textile Furnishings Mill Apparel Manufacturing • Apparel Knitting Mills Wood Product Manufacturing • Other Wood Product Manufacturing • Sawmills and Wood Preservation • Veneer, Plywood, and Engineered Wood Product Manufacturing Printing & Related Support Activities • Printing and Related Support Activities Fabricated Metal Product Manufacturing • Cutlery and Handtool Manufacturing • Hardware Manufacturing • Other Fabricated Metal Product Manufacturing • Spring and Wire Product Manufacturing Machinery Manufacturing • Metalworking Machinery Manufacturing • Ventilation, Heating, Air-Conditioning, and Commercial Refrigeration Equipment Manufacturing Computer and Electronic Product Manufacturing • Audio and Video Equipment Manufacturing • Communications Equipment Manufacturing • Computer and Peripheral Equipment Manufacturing • Manufacturing and Reproducing Magnetic and Optical Media • Semiconductor and Other Electronic Component Manufacturing Electrical Equipment, Appliance, and Component Manufacturing • Electrical Equipment Manufacturing • Household Appliance Manufacturing Planning Board - September 5, 2024 ITEM: 3 - 8 - 5 Furniture and Related Product Manufacturing • Household and Institutional Furniture and Kitchen Cabinet Manufacturing • Office Furniture (including Fixtures) Manufacturing • Other Furniture Related Product Manufacturing Accessory Uses • Accessory Structure • Accessory Use, Customary • Dry Stack Boat Storage Facility, at a Marina • Stormwater Facilities on Contiguous Properties • Electric Vehicle Charging Station • Home Occupation • Solar Energy Collection Facility, Accessory • Small Watercraft Storage • Stormwater Facilities on Contiguous Properties • Wind Energy Collection Facility, Accessory Temporary Uses • Circuses, Carnivals, and Fairs • Construction Office • Debris Site • Seasonal Sales • Special Fundraising for Non-profit Organizations • Temporary Emergency Services • Temporary Family Healthcare Structure • Temporary Real Estate Office/Model • Temporary Relocation Housing Planning Board - September 5, 2024 ITEM: 3 - 8 - 6 Concept Plan Planning Board - September 5, 2024 ITEM: 3 - 9 - 1 Planning Board - September 5, 2024 ITEM: 3 - 10 - 1 Public Comments In Support 0 Neutral 0 In Opposition 0 Planning Board - September 5, 2024 ITEM: 3 - 11 - 1